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PEOPLE v. DePALO

Ind. No. 1450/15. Appeal No. 12191. Case No. 2018-4432.

187 A.D.3d 649 (2020)

135 N.Y.S.3d 31

2020 NY Slip Op 06069

The People of the State of New York, Respondent, v. Robert DePalo, Appellant.

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

Decided October 27, 2020.

The court providently exercised its discretion in warning defendant that if he introduced evidence that he used legitimate sources of income, this might have the effect of opening the door to otherwise-inadmissible evidence that he improperly took funds from companies that were not the subject of charges in the indictment (see People v Massie, 2 N.Y.3d 179, 183-184 [2004]). The court did not preclude defendant from introducing the...

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