PEOPLE v. CASTILLO


309 A.D.2d 533 (2003)

765 N.Y.S.2d 322

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX CASTILLO, Appellant.

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

Decided October 7, 2003.


The court improperly precluded defendant's cross-examination of a police witness about a statement in a felony complaint that had been prepared by the People and signed by the officer, since his in-court testimony flatly contradicted the description given in the complaint. On an analysis of the record, we find the error to be harmless.

The court properly allowed the People to introduce rebuttal evidence, which was not collateral, but which tended to overcome a specific...

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