Legal Opinion

People v. Herrera

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 2005PublishedCited by 6 opinions

1Opinion of the Court

*700Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered October 29, 2003, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the County Court correctly admitted the prior consistent statement of a witness since, on cross-examination, defense counsel inferentially assailed the witness testimony as a recent fabrication (see People v McClean, 69 NY2d 426, 428 [1987]; People v…

2Cases cited12 opinions

  1. People v. PenaNew York Court of Appeals · 1980
  2. People v. HurleyNew York Court of Appeals · 1990
  3. People v. McCleanNew York Court of Appeals · 1987
  4. People v. QuallsNew York Court of Appeals · 1981
  5. People v. WhitleyAppellate Division of the Supreme Court of the State of New York · 2005

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. PrinceAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. GouveiaAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. GillianAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. BrockAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009

1 more not listed; retrieve them via the Exa API.

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