New York Court of Appeals, 2001

People v. Anonymous

New York Court of Appeals · Decided June 5, 2001 · Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo Concur

754 N.E.2d 193; 96 N.Y.2d 839; 729 N.Y.S.2d 434; 2001 N.Y. LEXIS 1406 (North Eastern Reporter, Second Series)

Cases that cite this one

13 later published cases cite this decision.

King v. Greiner (2d Cir. 2011)
NICHOLSON, CHRISTOPHER A., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Nicholson (Appellate Division of the Supreme Court of New York 2014)
People v. Nicholson (Appellate Division of the Supreme Court of New York 2014)
People v. Ali (N.Y. 2001)
People v. Redmond (Appellate Division of the Supreme Court of New York 2020)
People v. Brooks (Appellate Division of the Supreme Court of New York 2017)
People v. Harris (Appellate Division of the Supreme Court of New York 2014)
People v. Harris (Appellate Division of the Supreme Court of New York 2014)
People v. Pealer (N.Y. 2013)
People v. Quinones (Appellate Division of the Supreme Court of New York 2006)
People v. Johnson (Appellate Division of the Supreme Court of New York 2006)
People v. Daniel (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*840 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The motivation of defendant’s main alibi witness to fabricate testimony was not collateral and, therefore, Supreme Court did not abuse its discretion in permitting cross-examination of the witness or in admitting rebuttal testimony refuting the alibi witness’s claims. We note the point raised by defendant as to the prosecutor’s improper comments during the summation, but are unable to reach it. We do not condone the summation and base our affirmance solely on defendant’s failure to preserve the issue. Defendant’s remaining argument regarding the court’s charge is likewise unpreserved (People v Thomas, 50 NY2d 467, 471-472).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.