People v. Baxter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in precluding him from testifying, in support of his justification defense, that he previously had been beaten by police officers. We disagree because defendant failed to make an offer of proof clearly and unambiguously to indicate that his prospective testimony would be relevant to a justification defense (see, People v Cotto, 159 AD2d 385, lv denied 76 NY2d 786; People v Houghton, 155 AD2d 883; People v Billups, 132 AD2d 612, lv denied 70 NY2d 873; see also, Matter of Robert S., 52 NY2d 1046; see, e.g.,…
2Cases cited11 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. VentimigliaNew York Court of Appeals · 1981
- In re Robert S.New York Court of Appeals · 1981
- People v. ClemonsNew York Court of Appeals · 1991
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3Cited by4 opinions
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MixonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MasonAppellate Division of the Supreme Court of the State of New York · 1992