PEOPLE v. HULL


279 A.D.2d 415 (2001)

719 N.Y.S.2d 568

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON HULL, Appellant.

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

Decided January 25, 2001.


The court properly exercised its discretion in precluding defendant from calling a witness to testify that the complainant may have been "calm" two hours after the incident. Under the circumstances, this evidence was too remote to be relevant to the complainant's credibility. We note that the court also precluded the People from introducing similarly remote demeanor evidence contained in a hospital record.

Defendant's challenge to the court's charge on credibility...

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