PEOPLE v. ARDITO


231 A.D.2d 116 (1997)

662 N.Y.S.2d 103

The People of the State of New York, Respondent, v. Gerald Ardito, Appellant

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

August 14, 1997


Attorney(s) appearing for the Case

Andrea G. Hirsch for appellant.

Donald J. Siewert of counsel (Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

WALLACH, J. P., RUBIN and WILLIAMS, JJ., concur.


NARDELLI, J.

Defendant herein sought to take the stand and testify that the killing of his ex-girlfriend accidently took place during "rough sex." The court precluded the People from introducing direct evidence of a prior choking assault by him upon the victim just two months before the homicide. However, the defendant sought and was refused assurances from the court as to the scope of rebuttal by the People...

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