PEOPLE v. JUDD


213 A.D.2d 218 (1995)

623 N.Y.S.2d 855

The People of the State of New York, Respondent, v. Terrence Judd, Appellant

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

March 14, 1995


While the prosecutor's question on the People's direct case regarding the demeanor of a defense witness who had given a written statement may be viewed as "anticipatory rebuttal", defendant did not preserve his current claim of error by objection (CPL 470.05). In any event, the question addressed the issue of coercion offered initially during defendant's opening statement and pursued during trial, and some departure from statutory guidelines from the order of proof is permitted...

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