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People v. Marion

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 961 (N.Y. App. Div. 1989)

Opinion

June 2, 1989

Appeal from the Monroe County Court, Celli, J.

Present — Dillon, P.J., Denman, Green, Pine and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Any error in the court's limitation on defense counsel's cross-examination of a prosecution witness was harmless beyond a reasonable doubt. The only material testimony presented through that witness was that defendant was at the scene of the crime, a fact which defendant admitted. Thus, there was no need to impeach the witness. Although there may have been a technical violation of CPL 710.30, that error was also harmless. The portion of the statement omitted from the notice was totally innocuous and contained nothing that incriminated defendant.


Summaries of

People v. Marion

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 961 (N.Y. App. Div. 1989)
Case details for

People v. Marion

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSIE MARION, III…

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

Date published: Jun 2, 1989

Citations

151 A.D.2d 961 (N.Y. App. Div. 1989)