People v. Sampel

Hurlbutt, J. (concurring).

I respectfully concur in the result only. I agree with the majority that County Court erred in precluding defendant from introducing evidence of a statement made by the complaining witness, defendant’s former girlfriend, to her brother. On cross-examination, the complaining witness denied that she had “put [defendant] in jail” in order to gain *1025possession of a vehicle owned by defendant but titled in her name. In an offer of proof, defendant tendered the testimony of the brother of the complaining witness that she had told him in the presence of two other persons that…