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PEOPLE v. DIALLO

297 A.D.2d 247 (2002)

746 N.Y.S.2d 479

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAMIDOU DIALLO, Appellant.

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

Decided August 22, 2002.

Evidence of a victim's prior threats against a defendant is admissible to show both the victim's and the defendant's state of mind in a case where justification is asserted as a defense (People v Miller, 39 N.Y.2d 543, 549). Although the opportunity to present evidence that might influence the determination of guilt is an element of fundamental fairness and due process (see, e.g., Chambers...

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