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PEOPLE v. UMONZOR

210 A.D.2d 516 (1994)

620 N.Y.S.2d 1009

The People of the State of New York, Respondent, v. Celin Umonzor, Appellant

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

December 27, 1994

Ordered that the judgment is affirmed.

The defendant's contention that he was precluded from testifying as to his state of mind is without merit. Where a defendant's state of mind is at issue, the defendant is entitled to testify concerning it (see, People v Rivera, 101 A.D.2d 981, 982, affd 65 N.Y.2d 661). In the present case, although the trial court restricted the defendant...

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