People v. Wade

• Decision Date: 15 December 1997
• Citation: 245 A.D.2d 473,666 N.Y.S.2d 467
• Parties: 1997 N.Y. Slip Op. 11,050 The PEOPLE, etc., Respondent, v. Marvin WADE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 467

666 N.Y.S.2d 467

1997 N.Y. Slip Op. 11,050

The PEOPLE, etc., Respondent, v. Marvin WADE, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Dec. 15, 1997.

Daniel L. Greenberg, New York City (Tigran W. Eldred and Andrew E. Abraham, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Jodi L. Mandel, and Melissa M. Beck, of counsel), for respondent.

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.

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 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297), 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 A.D.2d 589, 647 N.Y.S.2d 526; People v. Rodriguez, 220 A.D.2d 699, 632 N.Y.S.2d 649; People v. Austin, 112 A.D.2d 242, 491 N.Y.S.2d 458; People v. Aulet, 111 A.D.2d 822, 490 N.Y.S.2d 567; see also, Greenfield v. People, 85 N.Y. 75, 90).

BRACKEN, J.P., and THOMPSON, KRAUSMAN and LUCIANO, JJ., concur.