PEOPLE v. AYALA


278 A.D.2d 123 (2000)

717 N.Y.S.2d 538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS AYALA, Appellant.

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

Decided December 19, 2000.


The court properly exercised its discretion when it denied defendant's request to introduce extrinsic evidence casting doubt on the truthfulness of the complainant's denial of making a certain phone call to defendant. This evidence was collateral because the question of whether or not this phone call was made was not probative of defendant's justification defense (see, People v Aska, 91 N.Y.2d 979, 981).

The court properly...

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