Opinion
Argued May 4, 1977
Decided June 14, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.
Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Brian Rosner of counsel), for appellant.
Richard A. Dienst for respondent.
Order affirmed on the memorandum at the Appellate Division. We would only add that while it was error for the trial court to exclude proof relative to defendant's intent and state of mind at the time he was interrogated before the Grand Jury, the trial court may, in its discretion, limit repetitious or clearly irrelevant testimony.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.