PEOPLE v. MODZELEWSKI


203 A.D.2d 594 (1994)

611 N.Y.S.2d 22

The People of the State of New York, Respondent, v. Stephen Modzelewski, Appellant

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

April 25, 1994


Ordered that the judgment is affirmed.

At the close of the People's case, the defendant attempted to call as his first witness an attorney for his now deceased coperpetrator to question him with respect to a certain statement the coperpetrator had allegedly made to the attorney, exculpating the defendant as the individual who shot the complainant. Upon the defendant's offer of proof, the court, acting sua sponte, refused to allow the attorney to take the stand...

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