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PEOPLE v. RODRIGUEZ

3 N.Y.3d 462 (2004)

821 N.E.2d 122

787 N.Y.S.2d 697

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN RODRIGUEZ, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 2004.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Yael v. Levy, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH and CIPARICK concur with Judge ROSENBLATT; Judge GRAFFEO concurs in result in a separate opinion in which Judges READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The Legislature has enacted a protocol in connection with alibi defenses in criminal cases. Pursuant to CPL 250.20 (1), the prosecution may compel the defense to serve a notice that spells out the particulars of an intended alibi defense. If a defendant fails to supply the notice or calls a witness not specified in it, the statute gives the trial court discretion to exclude...

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