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PEOPLE v. ODDONE

No. 236.

22 N.Y.3d 369 (2013)

3 N.E.3d 1160

980 N.Y.S.2d 912

2013 NY Slip Op 8291

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

Court of Appeals of New York.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City ( Marc Wolinsky , Bernard W. Nussbaum , George T. Conway, III , Charles D. Cording , Scott M. Danner , Dana J. Brusca and David Zhou of counsel), and Sarita Kedia Law Offices, P.C. ( Sarita Kedia of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Anne E. Oh of counsel), for respondent.

Karen Newirth , New York City, and M. Chris Fabricant , and Dechert LLP ( James M. McGuire , Steven A. Engel and Matthew L. Mazur of counsel), for Innocence Project, Inc., amicus curiae.

Sharon McCarthy , New York City, and Dorothy Heyl , for New York City Bar Association, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

SMITH, J.

Defendant was convicted of manslaughter in the first degree for causing the death of a man by holding him in a headlock. The duration of the headlock was an important issue at trial. Defendant argues that several of the trial court's rulings in admitting and excluding evidence related to that issue were mistaken. As to one of those rulings — the court's refusal to permit...

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