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PEOPLE v. GARCIA

5 A.D.3d 150 (2004)

772 N.Y.S.2d 510

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GARCIA, Appellant.

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

March 4, 2004.

At the instant retrial, at which defendant did not testify, the court properly permitted the People to introduce a portion of defendant's testimony at his first trial, and to argue that this testimony was false and that it evinced defendant's consciousness of guilt. This testimony was probative (see People v Bennett, 79 N.Y.2d 464, 470 [1992]), and the People introduced independent evidence of its falsity that was distinct from the...

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