Legal Opinion

People v. Magee

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

Decided March 23, 1987PublishedCited by 23 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Copertino, J.), rendered February 3, 1986, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Pursuant to CPL 60.35 (1), when the People call a witness who gives testimony upon a material issue which "tends to disprove” the People’s position at trial, they may then seek to introduce prior written signed statements and oral sworn statements by that party which contradict the trial testimony. The testimony which is sought to be impeached must…

2Cases cited14 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. FitzpatrickNew York Court of Appeals · 1976
  3. People v. SaezNew York Court of Appeals · 1987
  4. People v. FullerNew York Court of Appeals · 1980
  5. People v. KnatzAppellate Division of the Supreme Court of the State of New York · 1980

9 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. People v. AndreAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. ComerAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BroomfieldAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. GuevaraAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2006

18 more not listed; retrieve them via the Exa API.

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