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PEOPLE v. NORCOTT

15 A.D.3d 14 (2004)

787 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORBY NORCOTT, Appellant.

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

December 16, 2004.

Attorney(s) appearing for the Case

Andrew C. Fine and Laura R. Johnson, The Legal Aid Society, New York City (Alan S. Axelrod and Bertrand J. Kahn of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Theresa A. Foudy and Patricia Curran of counsel), for respondent.

Tom, J.P., Lerner and Marlow, JJ., concur with Friedman, J.; Andrias, J., dissents in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.

The primary question on this appeal, involving a robbery that resulted in a vicious murder, is whether the trial court committed reversible error when it precluded defense counsel from eliciting testimony that was intended to show that the prosecution's main witness had a motive to lie to implicate defendant in the crime. We find that we need not determine whether the challenged ruling was erroneous because the record before...

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