PEOPLE v. ESQUILIN

3109/14-9860. 9859. 9858.

174 A.D.3d 458 (2019)

104 N.Y.S.3d 631

2019 NY Slip Op 05630

The People of the State of New York, Appellant, v. Rafael Esquilin, Respondent. The People of the State of New York, Respondent, v. Rafael Esquilin, Appellant.

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

Decided July 11, 2019.


Defendant has not established that he was prejudiced by the People's midtrial decision to impeach defense evidence to a more limited extent than the court and parties had originally contemplated. A separately tried and convicted codefendant, who did not testify at defendant's trial, had made a postarrest statement to the police that was somewhat exculpatory of defendant. At both of the codefendant's two trials (the first of which...

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