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PEOPLE v. DIAZ

258 A.D.2d 356 (1999)

685 N.Y.S.2d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL DIAZ, Appellant.

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

Decided February 18, 1999.

The court properly exercised its discretion (see, People v Boulware, 29 N.Y.2d 135, cert denied 405 U.S. 995) in precluding defendant from referring, in his voir dire and opening statements, to his partially inculpatory but primarily self-serving statements. At those stages of the trial, the People had not yet determined whether they would be introducing these statements on their direct case, and the statements were clearly...

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