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Put on a case at your own risk after the Plaintiff restsNovember 17, 2015

People v Stone, 2015 NY Slip Op 08205 (3d Dept. 2015)

The defendant cured the deficiencies in Plaintiff’s proof through putting on an affirmative case.  The risk of putting on a case is quite apparent here.

“Here, the victim testified to dozens of incidents wherein defendant [engaged in acts].  The victim’s sister was present for some of those incidents and confirmed that they had occurred. The victim further testified that the bulk of those incidents occurred after she turned six or seven, meaning that they would have occurred no earlier than 2005. Defendant’s current spouse, in turn, testified that defendant was born in 1979, making her well over 18 years of age when the abuse occurred. The fact that defendant called her spouse to testify is of no moment, as “a defendant who does not rest after the court fails to grant a motion to dismiss at the close of the People’s case . . . proceeds with the risk that he [or she] will inadvertently supply a deficiency in the People’s case””

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