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PEOPLE v. MAKLEY

202 A.D.2d 990 (1994)

609 N.Y.S.2d 509

The People of the State of New York, Respondent, v. Lawrence Makley, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 11, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in refusing to permit him to rehabilitate his witness with evidence of a prior consistent statement made before trial. Defendant alleges that the District Attorney attacked the witness' testimony as a recent fabrication. Because the prior consistent statement did not antedate the motive to fabricate, County Court properly concluded that it was inadmissible (see,

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