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PEOPLE OF THE STATE OF NEW YORK v. RIVERA

96 N.Y.2d 749 (2001)

748 N.E.2d 1060

725 N.Y.S.2d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RIVERA, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (M. Sue Wycoff and Frank J. Loss of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Ellen Sue Handman and Rona Feinberg of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with, among other things, assault in the second degree and criminal mischief in the fourth degree after he struck a taxicab driver in the face with a bicycle chain and smashed the windshield with a bicycle. During jury selection, defense counsel informed the trial court of his intent to adduce testimony that the arresting officer, upon arriving...

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