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People v. Byers

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

October 26, 1998

Appeal from the County Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed.

The court properly limited the defendant's cross-examination of the victim concerning her psychiatric history since there was no offer of proof that the victim had such a history, or that such evidence would bear upon her credibility or otherwise be relevant ( see, People v. Beckett, 186 A.D.2d 209; compare, People v. Knowell, 127 A.D.2d 794).

We reject the defendant's contention that his sentence was harsh or excessive. Imposition of the maximum sentence was appropriate in light of the circumstances of the case, and the defendant's prior violent criminal history. Moreover, since the crimes of which the defendant was convicted occurred on two separate occasions, consecutive sentences were warranted ( see, Penal Law § 70.25; People v. Sanchez, 131 A.D.2d 606, 609).

Ritter, J. P., Thompson, Pizzuto and McGinity, JJ., concur.


Summaries of

People v. Byers

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

People v. Byers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP BYERS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1998

Citations

254 A.D.2d 494 (N.Y. App. Div. 1998)
679 N.Y.S.2d 838

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