PEOPLE v. GUMBS

Ind. No. 1334/15. Appeal No. 13991. Case No. 2019-2983.

195 A.D.3d 450 (2021)

148 N.Y.S.3d 108

2021 NY Slip Op 03532

The People of the State of New York, Respondent, v. Secunda Gumbs, Appellant.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( David Bernstein of counsel) and Orrick, Herrington & Sutcliffe LLP, New York ( Darren Pouliot of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Beth Kublin of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Oing, JJ.


We find that all of the court's rulings based on the theory of opening the door were provident exercises of discretion under the particular circumstances of this case (see generally People v Massie, 2 N.Y.3d 179, 184 [2004]; People v Fardan, 82 N.Y.2d 638, 646 [1993]). To the extent that defendant argues that the evidence admitted on this theory was unduly prejudicial, we conclude that the...

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