People v. Cavallo

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of rape in the first degree and one count of assault in the second degree, defendant contends that his motion to strike rebuttal proof offered by the People should have been granted. We disagree. By having a friend testify, defendant sought to prove that he could not have committed *885the crime because he was at that friend’s home having breakfast. In rebuttal, the People put in proof that the driving distance from that witness’s home to the scene of the crime was about six tenths of a mile, or two…