PEOPLE v. JOVANOVIC


263 A.D.2d 182 (1999)

700 N.Y.S.2d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER JOVANOVIC, Appellant.

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

December 21, 1999.


Attorney(s) appearing for the Case

Mark Dwyer of counsel (Grace Vee and David M. Cohn on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Diarmuid White of counsel (Brendan White on the brief, attorney), for appellant.

RUBIN and ANDRIAS, JJ., concur with SAXE, J.; MAZZARELLI, J. P., concurs in part and dissents in part in a separate opinion.


OPINION OF THE COURT

SAXE, J.

On this appeal of his conviction for kidnapping, sexual abuse and assault, defendant Oliver Jovanovic asks us to examine certain issues regarding the application of the Rape Shield Law (CPL 60.42). We conclude that the trial court's evidentiary rulings incorrectly applied the Rape Shield Law and, as a result, improperly hampered defendant's ability to present a defense, requiring reversal of his conviction and remand for a new...

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