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People v. Kaopuiki

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 995 (N.Y. App. Div. 2000)

Opinion

September 29, 2000.

Appeal from Judgment of Jefferson County Court, Clary, J. — Rape, 1st Degree.

PRESENT: GREEN, J. P., HAYES, HURLBUTT, BALIO AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

County Court did not abuse its discretion in ruling that defendant could be cross-examined with respect to a prior conviction of sexual abuse. The similarity of the prior conviction to the crimes charged does not preclude its use on cross-examination ( see, People v. Laraby, 219 A.D.2d 817, lv denied 88 N.Y.2d 849, 937; People v. Breneman, 192 A.D.2d 1084, lv denied 81 N.Y.2d 1011). The court also properly exercised its discretion in precluding cross-examination of the complainant with respect to alleged instances of sexual abuse by another man ( see, People v. Grant, 241 A.D.2d 340, 341, lv denied 90 N.Y.2d 1011, 91 N.Y.2d 873; People v. Walker, 223 A.D.2d 414, 415, lv denied 88 N.Y.2d 887). We have considered defendant's remaining contentions and conclude that none requires reversal.


Summaries of

People v. Kaopuiki

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 995 (N.Y. App. Div. 2000)
Case details for

People v. Kaopuiki

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRADLEY M…

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

Date published: Sep 29, 2000

Citations

275 A.D.2d 995 (N.Y. App. Div. 2000)
715 N.Y.S.2d 199