PEOPLE v. VELAZQUEZ


289 A.D.2d 19 (2001)

733 N.Y.S.2d 605

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIGNO VELAZQUEZ, Appellant.

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

Decided December 4, 2001.


The court properly exercised its discretion when it precluded defendant from testifying that on the night before the incident, he and the complainant argued about the complainant's drug use, since that argument was not relevant to any issue presented at trial (see, People v Ayala, 278 A.D.2d 123, lv denied 96 N.Y.2d 780). The theory of admissibility raised by defendant for the first time on appeal contradicts the defense he...

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