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PEOPLE v. DARRETT

2 A.D.3d 16 (2003)

769 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CEDRIC DARRETT, Appellant.

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

December 4, 2003.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (David M. Cohn and Mark Dwyer of counsel), for respondent.

Robert S. Dean, Center for Appellate Litigation (Jan Hoth of counsel), for appellant.

BUCKLEY, P.J., ELLERIN, LERNER and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

MARLOW, J.

In this first-degree murder case we address two issues related to defendant's Huntley hearing, viz. (1) whether the prosecutor properly questioned defendant about the truth of contradictory out-of-court statements—one exculpatory and two inculpatory; and (2) whether defense counsel's expressed concern to the court that defendant might commit perjury at the Huntley...

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