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PEOPLE v. VASQUEZ

204 A.D.2d 114 (1994)

612 N.Y.S.2d 113

The People of the State of New York, Respondent, v. Victor Vasquez, Appellant

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

May 10, 1994

The complainant's testimony that he was afraid to identify defendant as an assailant because two masked gunmen had gone to his apartment was not unduly prejudicial since the court promptly instructed the jury that it was not to infer that defendant was involved in that incident (see, People v Rivera, 160 A.D.2d 267, 271). Although the court erred in refusing defendant's request to instruct the jury that it could consider the...

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