Legal Opinion

People v. Mason

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1992PublishedCited by 1 opinion

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of rape in the first degree (Penal Law § 130.35 [1]) of a prostitute and known drug abuser. On appeal, defendant contends that County Court erred by precluding him from offering the testimony of lay witnesses concerning the effect of cocaine on the victim. We disagree. Defendant failed to make an offer of proof clearly and unambiguously indicating the relevancy of the testimony and what he intended to prove by its introduction (see, People v Williams, 6 NY2d 18, 23, cert denied 361 US 920, rearg denied…

2Cases cited3 opinions

  1. People v. DavisNew York Court of Appeals · 1977
  2. People v. WilliamsNew York Court of Appeals · 1959
  3. People v. BaxterAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. People v. MastinAppellate Division of the Supreme Court of the State of New York · 1999

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