PEOPLE v. MUNOZ


291 A.D.2d 287 (2002)

737 N.Y.S.2d 604

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERIBERTO MUNOZ, Appellant.

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

Decided February 19, 2002.


On September 3, 1996, defendant stabbed the victim; at trial, defendant admitted the stabbing but raised the defense of justification. Meanwhile, the victim allegedly shot defendant's brother on May 3, 1998 and was under indictment for that crime at the time he testified at defendant's trial. The court permitted cross-examination of the victim as to whether or not he shot defendant's brother, which the victim denied. However, the court precluded elicitation of the fact that...

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