PEOPLE v. BADIA

Nos. 7446, 7034/04.

94 A.D.3d 622 (2012)

942 N.Y.S.2d 114

2012 NY Slip Op 3091

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE BADIA, Appellant.

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

Decided April 24, 2012.


The court unduly restricted defendant's cross-examination of a People's witness concerning the police investigation into a participant in the crime. Initially, we note that the court erred in concluding that it was "bound by the strictures" of the ruling on this issue made by the court that presided over defendant's first trial, in which the jury failed to reach a verdict. On retrial, the court had full discretion to make its own determination (see People v Evans,...

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