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PEOPLE v. ROJAS

200 A.D.2d 545 (1994)

606 N.Y.S.2d 698

The People of the State of New York, Respondent, v. Francisco Rojas, Appellant

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

January 27, 1994

Once defendant had used cross-examination to make broad assertions bearing on his guilt or innocence, even though the prosecutor's questions did not call for such testimony, the People were entitled to contradict his non-collateral testimony with rebuttal evidence refuting his assertions (see, People v Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047). Even if defendant had testified "to what would otherwise be...

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