Legal Opinion

In re Virginia C.

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

Decided October 13, 2011PublishedCited by 3 opinions

1Opinion of the Court

Family Court providently exercised its discretion in admitting respondent’s testimony on cross-examination that she used cocaine after the petition was filed. Respondent opened the door to such evidence by testifying on direct examination that, prior to the filing of the petition, she had left several drug treatment programs and had not tested positive for drugs, and by falsely testifying on cross-examination that she had never used drugs after completing such a program (see People v Massie, 2 NY3d 179, 184-185 [2004]; Matter of Ashley X., 50 AD3d 1194, 1196 [2008]). In any event, even if…

2Cases cited5 opinions

  1. People v. MassieNew York Court of Appeals · 2004
  2. In re Deivi R.Appellate Division of the Supreme Court of the State of New York · 2009
  3. In re Brianna R.Appellate Division of the Supreme Court of the State of New York · 2010
  4. In re Ashley X.Appellate Division of the Supreme Court of the State of New York · 2008
  5. In re Jocelyn S.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Matter of Chastity O.C. (Angie O.C.)Appellate Division of the Supreme Court of the State of New York · 2016
  2. Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Cheeks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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