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Right to Present a Defense: People v. Dorn

By: Daily Record Staff//March 22, 2010

Right to Present a Defense: People v. Dorn

By: Daily Record Staff//March 22, 2010

Appellate Division, Fourth Department

Right to Present a Defense

Preservation of Error

People v. Dorn
KA 09-02156
Appealed from Oneida County Court

Background: During a trial for grand larceny and conspiracy, the defendant testified but was barred from introducing letters and statements of the deceased victim. On appeal, she argued  the evidentiary rulings violated her “right to present a defense.”

Ruling: The conviction is affirmed. After each of the prosecution’s objections was sustained, defense counsel continued with questioning and did not call to the court’s attention the purpose of the evidence or the nature of the alleged error. Any error was unreserved.

Frank Policelli for the defendant, and Steven G. Cox, Oneida County District Attorney’s Office

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