In People v. Deverow, 2022 N.Y. Slip Op 03362 (May 24, 2022), a unanimous Court of Appeals has underscored the principle that, under certain circumstances, a court’s discretion can be limited by a defendant’s constitutional right to present a defense. The Court held that the trial court’s evidentiary rulings deprived the defendant of a meaningful opportunity to present evidence in support of his justification defense. Further, the Court reminded trial courts that, in some instances, the rules of evidence must yield to a defendant’s right to present a defense.

The right to present a defense was articulated by the Supreme Court most recently in Holmes v. South Carolina, 547 U.S. 319 (2006). The Court, quoting Krane v. Kentucky, 476 U.S. 683, 690 (1986), held: “‘Whether rooted directly in the Due Process Clause or in the Compulsory Clause of the Sixth Amendment, the constitution guarantees criminal defendants a meaningful opportunity to present a complete defense.’”