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PEOPLE v. ELDRIDGE

224 A.D.2d 983 (1996)

637 N.Y.S.2d 839

The People of the State of New York, Respondent, v. Terry Eldridge, Appellant

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

February 2, 1996

Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: County Court did not abuse its discretion in refusing to reopen defendant's case after the jury had begun deliberations. Defendant failed to establish that the proffered testimony concerned an essential element that was overlooked or that newly discovered evidence warranted reopening...

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