Legal Opinion

People v. Johnson

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

Decided February 25, 2015No. 2013-02043Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Garnett, J.), rendered February 11, 2013, convicting him of rape in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court providently exercised its discretion in precluding him from cross-examining the victim about a past allegation of sexual abuse the victim had made against an ex-boyfriend because the defendant provided no basis for his contention that the prior allegation was false (see People v Mandel, 48 NY2d 952…

2Cases cited3 opinions

  1. People v. MandelNew York Court of Appeals · 1979
  2. People v. AmayaAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. RestoAppellate Division of the Supreme Court of the State of New York · 2013

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