Legal Opinion

People v. Diallo

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

Decided August 22, 2002PublishedCited by 2 opinions

1Opinion of the Court

Evidence of a victim’s prior threats against a defendant is admissible to show both the victim’s and the defendant’s state of mind in a case where justification is asserted as a defense (People v Miller, 39 NY2d 543, 549). Although the opportunity to present evidence that might influence the determination of guilt is an element of fundamental fairness and due process *248(see, e.g., Chambers v Mississippi, 410 US 284, 295; Taylor v Illinois, 484 US 400, 408), Supreme Court’s curtailment of a witness’s testimony regarding prior threats by the murder victim directed at defendant did not, in this…

2Cases cited6 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. Taylor v. IllinoisSupreme Court of the United States · 1988
  5. People v. MillerNew York Court of Appeals · 1976

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3Cited by2 opinions

  1. People v. RamseyAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. GibianAppellate Division of the Supreme Court of the State of New York · 2010

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