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Legal Opinion

People v. Boyer

New York Supreme Court

Decided March 1, 2000Published

1Opinion of the Court

OPINION OF THE COURT

Donald J. Mark, J.

The defendant has been charged with rape, sodomy and related charges. The People, pursuant to the case of People v Ventimiglia (52 NY2d 350), seek to introduce evidence of marihuana, located at the defendant’s residence upon the execution of a search warrant, at the upcoming trial.

*79The People argue that the probative value of the marihuana outweighs its prejudicial value, since it would corroborate the complainant’s proposed testimony that the parties smoked marihuana and her description of the area in which the alleged sexual crimes occurred. The…

2Cases cited12 opinions

  1. People v. VentimigliaNew York Court of Appeals · 1981
  2. People v. WhiteNew York Court of Appeals · 1989
  3. People v. HillsAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1999
  5. Klein v. Mount Sinai HospitalNew York Court of Appeals · 1984

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