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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 778 (N.Y. App. Div. 1995)

Opinion

October 30, 1995

Appeal from the Supreme Court, Queens County (Dunlop, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the court improvidently exercised its discretion and committed reversible error by curtailing the cross-examination of the arresting officer with regard to paperwork filed in connection with the defendant's accomplice is without merit. The scope and extent of cross-examination is within the sound discretion of the trial court (see, People v. Sorge, 301 N.Y. 198; People v. Coleman, 195 A.D.2d 475). The trial court allowed an extensive attack on the officer's credibility. Therefore, the limitations imposed by the court did not pose an improvident exercise of discretion (see, People v. Coleman, supra; People v. Jones, 125 A.D.2d 414).

The defendant's remaining contention regarding the prosecutor's reference to portions of the People's testimony as "uncontradicted", is in part unpreserved for appellate review. In any event, any such reference was a proper rejoinder to the portion of the defense counsel's summation, which attacked the arresting officer's credibility. Balletta, J.P., Thompson, Ritter and Florio, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 778 (N.Y. App. Div. 1995)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE MILLER…

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

Date published: Oct 30, 1995

Citations

220 A.D.2d 778 (N.Y. App. Div. 1995)
633 N.Y.S.2d 328

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