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PEOPLE v. PARKS

5367, 6496/08.

85 A.D.3d 557 (2011)

925 N.Y.S.2d 468

2011 NY Slip Op 5199

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT PARKS, Appellant.

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

Decided June 16, 2011.

The court properly exercised its discretion in precluding testimony purporting to show that the complainant threatened defendant several hours before the incident. It was within the court's discretion to preclude this evidence as too speculative or conjectural to be presented to the jury (see e.g. People v Martinez, 177 A.D.2d 600, 601 [1991], lv denied 79 N.Y.2d 829 [1991]). Furthermore...

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