New York Court of Appeals, 1952

People v. McCormick

People v. McCormick
New York Court of Appeals · Decided January 17, 1952
303 N.Y. 403; 103 N.E.2d 529
People v. McCormick

Cases that cite this one

29 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

Per Curiam.

While the rule is clear that cross-examination upon collateral matters may not be fobbed off by a negative response (see People v. Sorge, 301 N. Y. 198), that rule does not sanction either “ the calling of other witnesses or * * * the production of extrinsic evidence ” to refute the witness’ answer on such collateral items (p. 201). In the case before us, confronting defendant with a written statement, purportedly made by him, and reading from it considerable inculpatory material tending to refute his earlier denials, not only rendered such denials futile but amounted to the production of extrinsic evidence within the meaning of the rule here involved. In short, the ■ cross-examination complained of exceeded all permissible limits.

The order should be affirmed.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.