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PEOPLE v. ALSTON

298 A.D.2d 243 (2002)

749 N.Y.S.2d 487

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL ALSTON, Appellant.

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

Decided October 17, 2002.

Since a major component of defendant's trial strategy was an effort to show that he had no need to steal money because he possessed sufficient funds of his own, evidence that defendant told the arresting officer that he was unemployed was properly admitted to rebut this assertion (see People v Melendez, 55 N.Y.2d 445). This evidence was not collateral since it was offered to disprove facts that defendant had attempted to prove (...

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