PEOPLE v. HIGGS


249 A.D.2d 172 (1998)

672 N.Y.S.2d 61

The People of the State of New York, Respondent, v. Wayne Higgs, Appellant

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

April 23, 1998


The court provided appropriate remedies when defendant inadvertently elicited, on cross-examination of a police witness, a statement by defendant that was less exculpatory than expected. An officer who responded to the scene of the shooting testified at trial that defendant said he did not mean to shoot at another police officer. This testimony varied from the statement summarized in the People's voluntary disclosure form, to wit, that defendant fired into the air and did...

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