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People v. Abreu

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 424 (N.Y. App. Div. 2000)

Opinion

Argued November 17, 2000.

December 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered November 19, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Katheryne M. Martone of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly precluded a defense witness from testifying about collateral matters intended merely to impeach the credibility of a prosecution witness (see, People v. Aska, 91 N.Y.2d 979, 981; People v. Johnson, 143 A.D.2d 847, 848).

The trial court's failure to submit the affirmative defense of extreme emotional disturbance to the jury did not constitute reversible error (see, People v. White, 79 N.Y.2d 900; People v. Walker, 64 N.Y.2d 741).


Summaries of

People v. Abreu

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 424 (N.Y. App. Div. 2000)
Case details for

People v. Abreu

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RAMON ABREU, APPELLANT. (IND. NO. 7613/96)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 2000

Citations

278 A.D.2d 424 (N.Y. App. Div. 2000)
718 N.Y.S.2d 635

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