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303 N.Y. 403

People v. McCormick

New York Court of Appeals

Decided January 17, 1952

New York Court of Appeals · decided 1952-01-17

Relies on People v. Sorge

Good law ✅— No negative treatment on recordhow we know

Decided 1952-01-17

How this case has been cited

Cited by 18 later decisions — most recently February 1975

18 state decisions

80195219601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1While the rule is clear that cross-examination upon collateral matters may not be fobbed off by a negative response (see People v. Sorge, 301 N. Y. 198), that rule does not sanction either “ the calling of other witnesses or … the production of extrinsic evidence ” to refute the witness’ answer on such collateral items (p. 201). In the case before us, confronting defendant with a written statement, purportedly made by him, and reading from it considerable inculpatory material tending to refute his earlier denials, not only rendered such denials futile but amounted to the production of extrinsic evidence within the meaning of the rule here involved. In short, the ■ cross-examination complained of exceeded all permissible limits.

¶2The order should be affirmed.

¶3Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

¶4Order affirmed.

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