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Appeals, Criminal Law

Failure to Raise Denial of Constitutional Right to Present a Complete Defense Precluded Appeal

The Second Department noted that the defendant’s failure to raise the denial of his constitutional right to present a complete defense and confront witnesses (re: cross-examination of victim about an alleged motive to fabricate) at trial rendered the issue unpreserved for appellate review.  People v Simmons, 2013 NY Slip Op 03861, 2nd Dept, 5-29-13

 

May 29, 2013
Tags: APPEALS, CONFRONTATION CLAUSE, CROSS-EXAMINATION, IMPEACHMENT, MOTIVE TO FABRICATE, PRESERVATION OF ERROR, RIGHT TO PRESENT A DEFENSE, Second Department
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