From Casetext: Smarter Legal Research

People v. O'Dell

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 937 (N.Y. App. Div. 1985)

Opinion

June 24, 1985

Appeal from the County Court, Dutchess County (Aldrich, J.).


Judgment affirmed.

Defendant's guilt was proven beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620, 621). There was ample evidence from which the jury could infer that defendant intended to kill the victim based upon his conduct on the night in question ( see, People v. Barnes, 50 N.Y.2d 375; People v. Mackey, 49 N.Y.2d 274).

Since no objection was taken by defense counsel to the court's charge on intent, any error in that charge has not been preserved for appellate review as a matter of law ( People v. Glinsman, 107 A.D.2d 710; People v. Mandrachio, 79 A.D.2d 278, affd 55 N.Y.2d 906, cert denied 457 U.S. 1122).

The court properly exercised its discretion in allowing the prosecutor to introduce, on rebuttal, a sworn statement made by one of the People's witnesses in order to negate her testimony on cross-examination which had raised a possible justification defense not previously mentioned during direct examination. Even if such proof was not actually of a rebuttal nature, the trial court could have nevertheless permitted its introduction in the interest of justice (CPL 260.30; People v. Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047; People v. Sterling, 95 A.D.2d 927, 928). Mangano, J.P., Bracken, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. O'Dell

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 937 (N.Y. App. Div. 1985)
Case details for

People v. O'Dell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS O'DELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1985

Citations

111 A.D.2d 937 (N.Y. App. Div. 1985)

Citing Cases

People v. Vernick-Chaikin

Here, the rebuttal testimony was offered for the purpose of disproving facts set forth by defendant with…

People v. Stricker

Moreover, even if we were to find that the testimony was not technically of a rebuttal nature, we would…