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PEOPLE v. MARSH

264 A.D.2d 647 (1999)

696 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYNARD MARSH, Appellant.

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

Decided September 23, 1999.

To the extent that the challenged rebuttal testimony was relevant to the ability of the defense witness to perceive and remember events, such evidence was not collateral and the court properly exercised its discretion to receive it (see, People v Ortiz, 40 A.D.2d 857, 858). In any event, even were we to find that any of the rebuttal testimony was collateral and thus improperly received, we would find the error to be harmless in view...

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