PEOPLE v. TORRES


289 A.D.2d 136 (2001)

734 N.Y.S.2d 174

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK TORRES, Appellant.

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

Decided December 20, 2001.


The court properly exercised its discretion in precluding defendant from eliciting various instances of his cooperation with the police, offered as "consciousness of innocence" evidence. "There is a clear distinction between evidence of flight, which tends to show the consciousness of guilt, and contrary evidence which might show a clever attempt to avoid the consequences of the crime by assuming the appearance of innocence." (People v Curtiss, 118 App Div 259, 263...

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