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People v. Demerritt

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1985
113 A.D.2d 898 (N.Y. App. Div. 1985)

Opinion

September 23, 1985

Appeal from the County Court, Westchester County (Brown, J.).


Judgment affirmed.

The defendant's claims that the trial court improperly precluded counsel from rebutting the prosecution's evidence that the complainant, an avowed lesbian, had never engaged in sexual intercourse, and that the trial court's charge was improper, are without merit (see, People v Smith, 113 A.D.2d 905). In addition, neither the denial of the defendant's motions for a severance (see, People v Bornholdt, 33 N.Y.2d 75, cert denied sub nom. Victory v New York, 416 U.S. 905) nor the time limitations imposed by the court on summations (here, one hour for each summation) (see, Herring v New York, 422 U.S. 853, 862) constituted an abuse of discretion. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.


Summaries of

People v. Demerritt

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1985
113 A.D.2d 898 (N.Y. App. Div. 1985)
Case details for

People v. Demerritt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNARD DEMERRITT…

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

Date published: Sep 23, 1985

Citations

113 A.D.2d 898 (N.Y. App. Div. 1985)

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