PEOPLE v. GREEN

No. 2007-05288, 2008-06721

70 A.D.3d 39 (2009)

890 N.Y.S.2d 65

2009 NY Slip Op 8837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BASHAN GREEN, Appellant.

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

Decided November 24, 2009.


Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City (Michelle Vallone of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Solomon Neubort and Evan Newman of counsel; Jennifer Clark on the brief), for respondent.

DICKERSON, ENG and HALL, JJ., concur.


OPINION OF THE COURT

FISHER, J.P.

The principal issue presented on these appeals concerns whether the sanction of preclusion was properly imposed for the defendant's failure to serve alibi notice with respect to a witness whom the defendant intended to call for the purpose of contradicting a portion of the account of a central prosecution witness but whose testimony might also have been taken as circumstantial evidence that the defendant was not present...

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