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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT HALBERT COURT EVIDENCE COMPLAINANT JUDGE MEMORANDUM PUBLICATION YORK REPORTS TINA MAZZA ADRIENNE BREWINGTON AD2D APPELLATE DIVISION TRIAL COURT MINOR COMPLAINANT MALE FRIEND JURY ERR DISCRETIONARY EVIDENTIARY RULING EVIDENTIARY RULING PRECLUDING RULING PRECLUDING CROSS-EXAMINATION CPL CHIEF JUDGE WACHTLER JUDGES SIMONS KAYE TITONE HANCOCK BELLACOSA CONCUR |
THE PEOPLE &C., RESPONDENT, v. JOHN HALBERT, APPELLANT.
80 N.Y.2d 865, 600 N.E.2d 618, 587 N.Y.S.2d 891 (1992).
July 2, 1992
1 No. 157
Decided July 2, 1992
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Tina L. Mazza, for Appellant.
Adrienne Brewington, for Respondent.
* * * * * * * * * * * * * * * * *
Order affirmed (People v Halbert, 175 AD2d 88). We agree with the
Appellate Division that in the circumstances of this case, in which
the trial court allowed evidence of a relationship between the minor
complainant and her male friend to be presented to the jury, the court
did not err in its related discretionary evidentiary ruling precluding
cross-examination of the complainant with respect to the sexual aspect
of that relationship (CPL 60.42(5)). Chief Judge Wachtler and Judges
Simons, Kaye, Titone, Hancock and Bellacosa concur.
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