Legal Opinion · Dissent

People v. Rojas

New York Court of Appeals

Decided October 25, 2001Published

1DissentSmith, J.

Because evidence of a prior alleged crime was not probative of the charge for which the defendant was on trial, and because defendant was awaiting trial on that prior alleged crime, I dissent. The majority upholds the trial court’s summary ruling that defendant opened the door to testimony about that prior alleged stabbing. The majority concludes that the defense attorney misled the jury in her opening statement and the cross-examination of the People’s first witness and that to counter this misleading, the trial court properly permitted the People to bring out a prior stabbing of another…

2Cases cited8 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. People v. FardanNew York Court of Appeals · 1993
  3. People v. RodriguezNew York Court of Appeals · 1995
  4. People v. BennettNew York Court of Appeals · 1992
  5. People v. BettsNew York Court of Appeals · 1987

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