Legal Opinion
People v. Fernandez
New York Court of Appeals
Decided June 2, 2011No. 100PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue raised by this appeal is whether County Court improperly deprived defendant of his right to present testimony that complainant had a bad reputation in the community for truth and veracity. We hold that the trial court’s decision to exclude such testimony on foundational grounds was an abuse of discretion as a matter of law.
In April 2008, a grand jury charged defendant with course of sexual conduct against a child in the first and second degrees (Penal Law § 130.75 [1] [a]; § 130.80 [1] [a]), rape in the first degree (Penal Law § 130.35 [3]), sexual…
2Cases cited5 opinions
- People v. PavaoNew York Court of Appeals · 1983
- People v. BoutonNew York Court of Appeals · 1980
- People v. ColantoneNew York Court of Appeals · 1926
- People v. HanleyNew York Court of Appeals · 2005
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by13 opinions
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LiseneAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Angel ZZ.Appellate Division of the Supreme Court of the State of New York · 2023
- In re Trayvon J.Appellate Division of the Supreme Court of the State of New York · 2013
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