People v. Beaulieu

Appellate Division of the Supreme Court of New York

People v. Beaulieu

40 A.D.2d 942, 339 N.Y.S.2d 234, 1972 N.Y. App. Div. LEXIS 3248

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1972·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed. Memorandum: We note that the trial court’s ruling, foreclosing the People from introducing through a rebuttal witness evidence contradictory of defendant’s testimony and that of his character witnesses as to how he treated his and other children, was erroneous. It is well settled that once a defendant has introduced evidence of his good character, the prosecution may prove his bad character by cross-examining him and his witnesses and by calling rebuttal witnesses (People v. Kass, 25 N Y 2d 123; Richardson Evidence [9th ed.], §§ 156-158). In addition, the District Attorney’s offer of rebuttal testimony had a reasonable basis and was made in good faith, and did not constitute error (People v. Kass, supra; People v. Schwartzman, 24 N Y 2d 241, 244). (Appeal from judgment of Onondaga County Court, convicting defendant of manslaughter, second degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

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Judgment unanimously affirmed. Memorandum: We note that the trial court’s ruling, foreclosing the People from introducing through a rebuttal witness evidence contradictory of defendant’s testimony and that of his character witnesses as to how he treated his and other children, was erroneous. It is well settled that once a defendant has introduced evidence of his good character, the prosecution may prove his bad character by cross-examining him and his witnesses and by calling rebuttal witnesses (People v. Kass, 25 N Y 2d 123; Richardson Evidence [9th ed.], §§ 156-158). In addition, the District Attorney’s offer of rebuttal testimony had a reasonable basis and was made in good faith, and did not constitute error (People v. Kass, supra; People v. Schwartzman, 24 N Y 2d 241, 244). (Appeal from judgment of Onondaga County Court, convicting defendant of manslaughter, second degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

People v. Beaulieu, 40 A.D.2d 942, 339 N.Y.S.2d 234, 1972 N.Y. App. Div. LEXIS 3248 (N.Y. Ct. App. 1972).

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Opinion

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