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People v. Wade

The People of the State of New York v. Marvin Wade

People v. Wade, 245 A.D.2d 473 (1997)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 15, 1997
Citations
245 A.D.2d 473666 N.Y.S.2d 4671997 N.Y. App. Div. LEXIS 14124

Opinion of the Court

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 6, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

*474 Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion by limiting the defendant’s examination of one of his witnesses. Even though a defendant has a right to introduce evidence that a person other than himself committed the crime (see, Chambers v Mississippi, 410 US 284 ), the evidence must do more than raise a mere suspicion that another person committed the crime. In this case, the defendant failed to show a clear link between the third party and the crime (see, People v Felder, 231 AD2d 589 ; People v Rodriguez, 220 AD2d 699 ; People v Austin, 112 AD2d 242 ; People v Aulet, 111 AD2d 822 ; see also, Greenfield v People, 85 NY 75, 90 ). Bracken, J. P., Thompson, Krausman and Luciano, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1998: 11999: 12000: 22003: 119982026peak 2000 · 2

Relies on it most ⓘ

  1. Marvin Wade v. Dominic Mantello, Superintendent, Coxsackie Correctional Facility333 F.3d 51 (2d Cir. 2003)
  2. Friedgood v. Keane51 F. Supp. 2d 327 (E.D.N.Y. 1999)
  3. People v. Bugman254 A.D.2d 796 (1998)
  4. People v. Primo270 A.D.2d 291 (2000)
  5. People v. Young277 A.D.2d 910 (2000)

Most recent

  1. Marvin Wade v. Dominic Mantello, Superintendent, Coxsackie Correctional Facility333 F.3d 51 (2d Cir. 2003)
  2. People v. Young277 A.D.2d 910 (2000)
  3. People v. Primo270 A.D.2d 291 (2000)
  4. Friedgood v. Keane51 F. Supp. 2d 327 (E.D.N.Y. 1999)
  5. People v. Bugman254 A.D.2d 796 (1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Chambers v. Mississippi, 410 U.S. 284 (1973) 4,725
Greenfield v. New York, 85 N.Y. 75 (1881) 96
People v. Aulet, 111 A.D.2d 822 (1985) 25
People v. Austin, 112 A.D.2d 242 (1985) 12
People v. Felder, 231 A.D.2d 589 (1996) 6
People v. Rodriguez, 220 A.D.2d 699 (1995) 3

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