PEOPLE v. BROWN


254 A.D.2d 57 (1998)

679 N.Y.S.2d 278

The People of the State of New York, Respondent, v. James Brown, Appellant

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

October 6, 1998


The court properly refused defendant's request to charge the jury that the incident report of the investigating police officer was a prior inconsistent statement by the victim. The evidence clearly established that any omissions from the report were attributable to the officer and not the victim.

The court properly refused to instruct the jury specifically as to the victim's lack of candor about an unrelated arrest, since the court's standard falsus in uno...

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