PEOPLE v. PAYNE


235 A.D.2d 235 (1997)

652 N.Y.S.2d 273

The People of the State of New York, Respondent, v. Henry Payne, Appellant

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

January 9, 1997


We reject defendant's contention that he was unduly prejudiced by the rebuttal testimony of the undercover police officer, since that testimony "properly addressed facts that were first put in issue by the defense after the People's direct case" (People v Figueroa, 188 A.D.2d 269, lv denied 81 N.Y.2d 788). Defendant testified that despite the fact that he told the undercover that the cocaine was "beat", the officer put money...

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