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PEOPLE v. SCHULZ

4 N.Y.3d 521 (2005)

829 N.E.2d 1192

797 N.Y.S.2d 24

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN G. SCHULZ, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 2005.

Attorney(s) appearing for the Case

William E. Hellerstein, Brooklyn, Marjorie M. Smith and Daniel S. Medwed for appellant.

Thomas J. Spota, District Attorney, Riverhead (Anne E. Oh of counsel), for respondent.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and R.S. SMITH concur with Judge G.B. SMITH; Judge ROSENBLATT dissents in part in a separate opinion.

OPINION OF THE COURT

G.B. SMITH, J.

There are two primary issues before us on this appeal. First, defendant alleges that the trial court abused its discretion in denying third-party culpability evidence that would have shown that someone other than defendant committed the robbery charged in the indictment (see People v Primo, 96 N.Y.2d 351, 356-357 [2001]). Second...

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