Opinion
2002-09871.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered October 15, 2002, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Laura R. Johnson, New York, N.Y. (Michelle Fox of counsel), for appellant.
Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, BARRY A. COZIER and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied his application to review the personnel files of a police officer witness since he failed to present "some factual predicate" supporting such disclosure ( People v. Gissendanner, 48 N.Y.2d 543, 550; see People v. Andino, 291 A.D.2d 242; People v. Davis, 203 A.D.2d 300; People v. Valentine, 160 A.D.2d 325; Civil Rights Law § 50-a). Moreover, the Supreme Court properly curtailed the defendant's cross-examination of that witness regarding his motive to falsify. The Supreme Court has broad discretion to limit cross-examination when questions are repetitive, irrelevant or only marginally relevant, concern collateral issues, or threaten to mislead the jury ( see Delaware v. Van Arsdall, 475 U.S. 673, 679; People v. Sul, 234 A.D.2d 563; People v. Turner, 243 A.D.2d 742; People v. De Jesus, 189 A.D.2d 774).
Further, the Supreme Court providently exercised its discretion in considering the defendant's presentence investigation report wherein the defendant denied possessing drugs as a factor in imposing a higher sentence. It is evident from the record that the Supreme Court considered the statement indicative of the defendant's lack of remorse and unwillingness to accept responsibility for his crime ( see People v. Burk, 220 A.D.2d 891; People v. Barnes, 219 A.D.2d 527, 528).
The defendant's remaining contentions are without merit ( see People v. Ali, 301 A.D.2d 609; People v. Mojica, 239 A.D.2d 609; People v. Marchese, 224 A.D.2d 341).
KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.