PEOPLE v. CISNEROS


284 A.D.2d 407 (2001)

728 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL CISNEROS, Appellant.

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

Decided June 11, 2001.


Ordered that the judgment is affirmed.

The trial court providently exercised its discretion when, over the defendant's objection, it permitted the prosecution to recall Officer McGrath as a rebuttal witness on the issue of the defendant's intoxication. The officer's rebuttal testimony countered an affirmative fact raised by the defendant's own testimony and did not merely bolster or repeat the officer's testimony (see, People v Harris, 57 N...

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