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PEOPLE v. CAIN

207 A.D.2d 720 (1994)

616 N.Y.S.2d 501

The People of the State of New York, Respondent, v. Derrick Cain, Appellant

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

September 20, 1994

When, despite the court's warnings against "opening the door", defense counsel insisted on pursuing a "consciousness of innocence" theory by urging defendant's willing participation in a lineup, the court properly exercised its discretion by permitting the People to establish that defendant had been on work release from a prior sentence, and that he had been aware that the police had contacted his work release supervisor about the...

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