People v. Real
| Decision Date | 02 April 2002 |
| Citation | 293 A.D.2d 251,739 N.Y.S.2d 267 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ROBERT REAL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
The indictment was jurisdictionally valid, since, in accusing defendant of the crime of "Criminal Contempt in the First Degree," it adopted the title of the statute, thereby incorporating Penal Law § 215.51 (c) and the elements of the crime charged, thus affording defendant fair notice of the charges against him (see, People v Ray, 71 NY2d 849, 850).
The court's preclusion of certain testimony allegedly showing bias on the part of the victim did not deprive defendant of a fair trial because this evidence was exceedingly remote and lacked probative value (see, People v Thomas, 46 NY2d 100, 105-106, appeal dismissed 444 US 891).
We have considered and rejected defendant's remaining arguments.
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...v. Perez, 93 AD3d 1032 (3rd Dept.2012); People v. Yakubova, 11 AD3d 644 (2nd Dept.2004), lv. denied 4 NY3d 644 (2005); People v. Real, 293 A.D.2d 251 (1st Dept.), lv. denied98 N.Y.2d 680 (2002). As drafted, the indictment allows defendant adequate protection in that it provides “fair notice......
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...fair notice of the charges against him (People v. Ray, 71 N.Y.2d 849, 850, 527 N.Y.S.2d 740, 522 N.E.2d 1037 ; see People v. Real, 293 A.D.2d 251, 251, 739 N.Y.S.2d 267, lv. denied 98 N.Y.2d 860, 746 N.Y.S.2d 469, 774 N.E.2d 234 ; see generally People v. D'Angelo, 98 N.Y.2d 733, 735, 750 N.......
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