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PEOPLE v. MELENDEZ

50 A.D.3d 485 (2008)

855 N.Y.S.2d 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CATHERINE MELENDEZ, Appellant.

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

Decided April 22, 2008.

The court properly denied defendant's mistrial motion, made after the prosecutor elicited from a defense witness that she had visited defendant during defendant's pretrial incarceration. Under the circumstances of the case, the witness's knowledge that her friend was incarcerated was arguably inconsistent with her failure to come forward with exculpatory evidence (see People v Jenkins, 88 N.Y.2d 948 [1996]). We note that the court...

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