Legal Opinion
People v. Busiello
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1996PublishedCited by 4 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered May 18, 1995, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
In this case, the testimony of the complainant at trial affirmatively damaged the People’s position and, therefore, the People properly introduced a prior sworn written statement and the witness’ Grand Jury testimony which was contrary to the…
2Cases cited6 opinions
- People v. FitzpatrickNew York Court of Appeals · 1976
- People v. MageeAppellate Division of the Supreme Court of the State of New York · 1987
- People v. De JesusAppellate Division of the Supreme Court of the State of New York · 1984
- People v. De JesusNew York Court of Appeals · 1985
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BridgesAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BusielloAppellate Division of the Supreme Court of the State of New York · 1998
- Busiello v. McGinnisDistrict Court, E.D. New York · 2002