PEOPLE v. JOSEPH

2006-01392.

97 A.D.3d 838 (2012)

948 N.Y.S.2d 685

2012 NY Slip Op 5758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JOSEPH, Appellant.

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

July 25, 2012.


Ordered that the judgment is affirmed.

The defendant was charged with murder in the second degree and other crimes arising from a homicide outside the defendant's home in Yaphank. At trial, the defendant's cousin testified that the defendant was present at the scene but did not participate in the charged crimes. The prosecutor cross-examined the defendant's cousin about his failure to come forward to law enforcement officials with this exculpatory account. The defendant...

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