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People v. King

197 A.D.2d 440 Court N.Y. App. Div. Decision date 1993-10-19 English

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p. 440
The People of the State of New York, Respondent, v Todd King, Appellant.
[603 NYS2d 36]

—Judgment, Supreme Court, New York County (Howard Bell, J.), rendered June 18, 1991, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

When the defendant used one police document on cross-examination to suggest that an attempted robbery had not been contemporaneously reported, the trial court properly received, on redirect, an additional report referring to the robbery attempt. Where, as here, a defendant opens the door by using only part of certain material, the unused portion may be used to refute the inference raised by the defendant’s partial use (see, People v Desterdick, 173 AD2d 312 , lv denied 78 NY2d 965 ).

We have considered defendant’s remaining contention and find it meritless. Concur—Rosenberger, J. P., Ellerin, Ross and Asch, JJ.

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