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PEOPLE v. BOYCE

54 A.D.3d 1052 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS BOYCE, Appellant.

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

September 30, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in permitting the People to offer certain testimony on its rebuttal case. In the exercise of its discretion, a trial court may permit either party to offer evidence on rebuttal which is not technically of a rebuttal nature but, more properly, a part of the offering party's original case ...

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