PEOPLE v. GILLYARD


258 A.D.2d 381 (1999)

686 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE GILLYARD, Appellant.

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

Decided February 23, 1999.


The court properly exercised its discretion in precluding speculative evidence concerning the prosecution witness's purported misidentification of defendant's accomplice since its probative value was substantially outweighed by the danger that it would obscure the issues before the jury (see, People v Scarola, 71 N.Y.2d 769; People v Williams, 251 A.D.2d 93, lv denied 92 N.Y.2d 883...

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