PEOPLE v. MASSIE


2 N.Y.3d 179 (2004)

809 N.E.2d 1102

777 N.Y.S.2d 794

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL MASSIE, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 2004.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sylvia Wertheimer and Susan Gliner of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur.


OPINION OF THE COURT

R.S. SMITH, J.

The issue here is whether Supreme Court correctly applied the rule that otherwise inadmissible evidence may become admissible where the adverse party has "opened the door" to it by offering evidence, or making an argument based on the evidence, which might otherwise mislead the factfinder (People v Melendez, 55 N.Y.2d 445 [1982...

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