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PEOPLE v. GRANT

256 A.D.2d 418 (1998)

682 N.Y.S.2d 232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS GRANT, Appellant.

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

Decided December 14, 1998.

Ordered that the judgment is affirmed.

It is well settled that evidence offered in rebuttal must counter some affirmative fact which the defendant attempted to prove (see, People v Blair, 90 N.Y.2d 1003; People v Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047). Here, the detective's rebuttal testimony that the defendant, in a statement he made at the time of his arrest...

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