# People v. Rivera

> Appellate Division of the Supreme Court of the State of New York · June 30, 1977 · 58 A.D.2d 147

URL: https://www.frixlaw.com/law-library/cases/5820353

## Case

- **Full name:** The People of the State of New York v. Angel Rivera
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 30, 1977
- **Citations:** 58 A.D.2d 147; 396 N.Y.S.2d 26; 1977 N.Y. App. Div. LEXIS 11846
- **Precedential status:** Published
- **Opinion:** Concurrence by Birns
- **Judges:** Birns, Capozzoli, Silverman
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5820353

## Opinion text

Birns, J. (concurring).
I concur in affirming the judgment of conviction herein and I agree that the attorney’s affidavit was properly admitted for the restrictive purpose of impeachment of the defendant who had taken the stand and testified. In my view, however, it is unnecessary to decide in this case "that the affidavit was admissible as evidence in chief as a vicarious admission”.
Evans, J., concurs with Silverman, J.; Birns, J. P., concurs in an opinion; Capozzoli, J., dissents in an opinion.
Judgment, Supreme Court, Bronx County, rendered on June 2, 1975, affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5820353. Public record. Not legal advice.