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PEOPLE v. ASKA

91 N.Y.2d 979 (1998)

697 N.E.2d 172

674 N.Y.S.2d 271

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

Court of Appeals of the State of New York.

Decided May 5, 1998.

Attorney(s) appearing for the Case

Richard Joselson, New York City, and Daniel L. Greenberg for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Rhea A. Grob and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Judge TITONE dissents and votes to reverse in an opinion in which Judge CIPARICK concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue here is whether the trial court improperly precluded the testimony of a defense witness. On August 21, 1995, defendant and the complainant, Makasi Knight, met by chance on Church Avenue in Brooklyn. Knight testified that upon reaching the defendant he calmly inquired about an alleged "slapping incident" that he believed had occurred five...

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