PEOPLE v. EVANS


289 A.D.2d 417 (2001)

734 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED EVANS, Appellant.

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

Decided December 17, 2001.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant was convicted of attempted murder in connection with a shooting in Queens County. Due to the defendant's failure to provide alibi notice pursuant to CPL 250.20 (1), the trial court precluded testimony by the defendant's father that the defendant made a collect call to him from Virginia approximately 10 hours after the shootings.

Contrary to the Supreme Court's determination...

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