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PEOPLE v. LEVITES

32 A.D.3d 735 (2006)

821 N.Y.S.2d 176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMAN LEVITES, Appellant.

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

September 19, 2006.

The court properly allowed the prosecutor to elicit a prior statement of the victim which was recorded by the arresting officer in the on-line booking sheet. On cross-examination, defense counsel had questioned the arresting officer about several documents relating to the case, including the felony complaint, in which the officer had omitted any mention of a weapon. The inference counsel wanted the jury to draw from cross-examination...

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