People v. Arena

Scudder, P.J., and Martoche, J.

(dissenting). We respectfully

dissent because we cannot agree with the majority that Supreme Court committed reversible error in refusing to allow defendant to call a defense witness whose testimony was, according to defendant, relevant on the issue of motive. While we recognize the constitutional right of a defendant to present a defense, including presenting his or her own witnesses (see People v Williams, 81 NY2d 303, 312 [1993]), a defendant does not have an unfettered right to offer testimony that is incompetent, privileged or otherwise inadmissible under…