PEOPLE v. CRUZ


50 A.D.3d 490 (2008)

855 N.Y.S.2d 144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOR CRUZ, Appellant.

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

Decided April 22, 2008.


The court improperly precluded material evidence offered by defendant. An undercover officer testified that after he entered a parking garage and announced a desire to purchase drugs, defendant followed him out of the garage to a location about a block away, where defendant negotiated a drug transaction, departed and returned a few minutes later to consummate the sale. Defendant sought to call as a witness his 19-year-old daughter, who would have testified to a very different...

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