Legal Opinion

People v. Rodriguez

New York Court of Appeals

Decided November 30, 2004PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

The Legislature has enacted a protocol in connection with alibi defenses in criminal cases. Pursuant to CPL 250.20 (1), the prosecution may compel the defense to serve a notice that spells out the particulars of an intended alibi defense. If a defendant fails to supply the notice or calls a witness not specified in it, the statute gives the trial court discretion to exclude alibi testimony or receive it after granting the prosecution an adjournment (CPL 250.20 [3]). In the case before us, the defense, after disavowing reliance on its alibi notice but not…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Williams v. FloridaSupreme Court of the United States · 1970
  3. People v. DawsonNew York Court of Appeals · 1980
  4. People v. CopicottoNew York Court of Appeals · 1980
  5. People v. BrownNew York Court of Appeals · 2002

3Cited by10 opinions

  1. People v. SilburnCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Simms v. StateCourt of Special Appeals of Maryland · 2010
  3. People v. ByfieldAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. GrayAppellate Division of the Supreme Court of the State of New York · 2015

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