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PEOPLE v. MCCORMICK

303 N.Y. 403 (1952)

The People of the State of New York, Appellant, v. William J. McCormick, Respondent.

Court of Appeals of the State of New York.

Decided January 17, 1952

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Richard G. Denzer and Chester E. Kleinberg of counsel), for appellant.

Elliott E. Vose, Florence M. Kelley and Martin Erdmann for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

While the rule is clear that cross-examination upon collateral matters may not be fobbed off by a negative response (see People v. Sorge, 301 N.Y. 198), that rule does not sanction either "the calling of other witnesses or * * * the production of extrinsic evidence" to refute the witness' answer on such collateral items (p. 201). In the case before us, confronting defendant...

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