PEOPLE v. BOYCE

2005-10106

2008 NY Slip Op 07254

THE PEOPLE, ETC., respondent, v. NICHOLAS BOYCE, appellant.

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

Decided September 30, 2008.


Attorney(s) appearing for the Case

Ellen E. Edwards, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.


DECISION & ORDER

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 (see CPL...

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