PEOPLE v. FLOWERS

4813, 3344/05.

83 A.D.3d 524 (2011)

922 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON FLOWERS, Appellant.

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

Decided April 19, 2011.


The court properly exercised its discretion in receiving police testimony that the victim named defendant as his assailant immediately after the crime. These prior consistent statements were admissible to rebut a claim of recent fabrication. A major component of defendant's trial strategy was to attack the victim's credibility by arguing that he was motivated to testify falsely by a cooperation agreement, entered into more than a year after the shooting, which required him...

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