People v. Forbes

Appellate Division of the Supreme Court of New York

People v. Forbes

87 A.D.2d 829, 449 N.Y.S.2d 9, 1982 N.Y. App. Div. LEXIS 16288

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 5, 1982

StatusPublished

Cited by9 cases

This text of 87 A.D.2d 829 (People v. Forbes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Forbes, 87 A.D.2d 829, 449 N.Y.S.2d 9, 1982 N.Y. App. Div. LEXIS 16288 (N.Y. Ct. App. 1982).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered May 23,1980, convicting him of attempted assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The facts have been considered and are determined to have been established. The defendant sought to call his sister as a witness on his behalf. Criminal Term denied this request on the ground that her testimony would be collateral. This ruling was erroneous. The right to present evidence by witnesses of one’s own choosing is a fundamental ingredient of due process (Jenkins v McKeithen, 395 US 411, 429), and the testimony of a defendant’s witness should not be prospectively excluded unless it is offered in palpably bad faith (People v Gilliam, 37 NY2d 722, revg 45 AD2d 744 on the dissenting opn of Hopkins, J.; People v McClinton, 75 AD2d 900). As it cannot be said on this record that defendant was acting in bad faith, a new trial is required. We have considered defendant’s other contentions and find them to be lacking in merit. Titone, J. P., Mangano, Bracken and Boyers, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered May 23,1980, convicting him of attempted assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The facts have been considered and are determined to have been established. The defendant sought to call his sister as a witness on his behalf. Criminal Term denied this request on the ground that her testimony would be collateral. This ruling was erroneous. The right to present evidence by witnesses of one’s own choosing is a fundamental ingredient of due process (Jenkins v McKeithen, 395 US 411, 429), and the testimony of a defendant’s witness should not be prospectively excluded unless it is offered in palpably bad faith (People v Gilliam, 37 NY2d 722, revg 45 AD2d 744 on the dissenting opn of Hopkins, J.; People v McClinton, 75 AD2d 900). As it cannot be said on this record that defendant was acting in bad faith, a new trial is required. We have considered defendant’s other contentions and find them to be lacking in merit. Titone, J. P., Mangano, Bracken and Boyers, JJ., concur.

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Bluebook (online)

87 A.D.2d 829, 449 N.Y.S.2d 9, 1982 N.Y. App. Div. LEXIS 16288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-forbes-nyappdiv-1982.

Opinion

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