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PEOPLE v. DEOLEO

278 A.D.2d 426 (2000)

717 N.Y.S.2d 378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINICIO DEOLEO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2000.

Ordered that the judgment is affirmed.

The court properly precluded the testimony of the defendant's proposed rebuttal witness which was intended to rebut a charge that the testimony of another defense witness was a recent fabrication (see, People v McDaniel, 81 N.Y.2d 10). The proposed rebuttal witness did not know if the allegedly exculpatory statement was made before a motive to testify falsely existed.

Contrary...

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