Legal Opinion
People v. Ardito
Appellate Division of the Supreme Court of the State of New York
Decided August 14, 1997PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Nardelli, J.
Defendant herein sought to take the stand and testify that the killing of his ex-girlfriend accidently took place during "rough sex.” The court precluded the People from introducing direct evidence of a prior choking assault by him upon the victim just two months before the homicide. However, the defendant sought and was refused assurances from the court as to the scope of rebuttal by the People, as to the prior incident, if he took the stand and affirmatively placed their relationship in issue. This refusal was proper and did not deny defendant a fair trial.
To…
2Cases cited10 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. WiseNew York Court of Appeals · 1978
- People v. FardanNew York Court of Appeals · 1993
- People v. BettsNew York Court of Appeals · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. PinesAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 2003
- People v. KatoAppellate Division of the Supreme Court of the State of New York · 2005
- People v. PachecoAppellate Division of the Supreme Court of the State of New York · 2001
- People v. IovineAppellate Terms of the Supreme Court of New York · 2002