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PEOPLE v. FERNANDEZ

No. 100.

17 N.Y.3d 70 (2011)

2011 NY Slip Op 4540

950 N.E.2d 126

926 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. Marcos A. FERNANDEZ, Respondent.

Court of Appeals of New York.

Decided June 2, 2011.

Attorney(s) appearing for the Case

D. Holley Carnright , District Attorney, Kingston ( Joan Gudesblatt Lamb , of counsel), for appellant.

Cynthia Feathers , Saratoga Springs, for respondent.

Judges READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge GRAFFEO dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

CIPARICK, J.

The issue raised by this appeal is whether County Court improperly deprived defendant of his right to present testimony that complainant had a bad reputation in the community for truth and veracity. We hold that the trial court's decision to exclude such testimony on foundational grounds was an abuse of discretion as a matter of law.

In April 2008, a grand jury charged...

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