People v. Daly

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. We agree with the Appellate Division that the testimony of the defense investigator was clearly collateral to the principal question which was to be resolved by the jury, that is, whether the defendant committed the robbery.

Defendant did not interpose an “alibi” defense, and never claimed that he was with Mr. and Mrs. Gibbs in their apartment during the robbery. Additionally, the testimony offered by defendant would merely have informed the jury that Mr. and Mrs. Gibbs could no longer be found; it would not…