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PEOPLE v. CUCUTA

Ind. No. 3340/16. Appeal No. 14884. Case No. 2019-5095.

200 A.D.3d 580 (2021)

155 N.Y.S.3d 761

2021 NY Slip Op 07087

The People of the State of New York, Respondent, v. Abraham Cucuta, Appellant.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Christopher P. Marinelli of counsel), for respondent.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

The court correctly determined that the prior consistent statements given to the police by two witnesses were admissible in order to rebut defendant's claims of recent fabrication as to each witness (see People v Baker, 23 N.Y.2d 307, 322-323 [1968]). Defense counsel attempted to persuade the jury that these witnesses were not credible because they were motivated to testify falsely by cooperation agreements that were entered into...

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