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PEOPLE v. COOPER

3719, 305/09.

78 A.D.3d 593 (2010)

914 N.Y.S.2d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN COOPER, Appellant.

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

Decided November 30, 2010.

The court properly exercised its discretion when, prior to defendant taking the stand, it modified its original Sandoval ruling in light of its further evaluation of the credibility issues to be raised by defendant's proposed testimony asserting an agency defense (see People v Ramos, 255 A.D.2d 203 [1998], lv denied 93 N.Y.2d 856 [1999]). While we agree with defendant that the underlying facts of his prior...

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