People v. Primo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered January 16, 1998, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court providently exercised its discretion in precluding the defendant from introducing evidence that the gun used during the shooting in this case was used three months later by a third party. While a defendant has a right to introduce evidence that a person other than himself committed the crime charged (see, Chambers v Mississippi,…
2Cases cited6 opinions
- Chambers v. MississippiSupreme Court of the United States · 1973
- People v. AuletAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1996
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Marvin Wade v. Dominic Mantello, Superintendent, Coxsackie Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Marvin Wade v. Dominic Mantello, Superintendent, Coxsackie Correctional FacilityCourt of Appeals for the Second Circuit · 2003