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People v. Sullivan

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 387 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor impermissibly elicited testimony of an uncharged crime during his redirect examination of a prosecution witness is unpreserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 250; People v Perez, 194 A.D.2d 812; People v Hayden, 128 A.D.2d 726). In any event, the defendant's argument is without merit. It was the defense counsel who opened the door to the prosecutor's redirect examination by first eliciting testimony relating to the uncharged crime during his cross examination of this witness (People v Howard, 193 A.D.2d 620; People v Bailey, 193 A.D.2d 689; cf., People v Respass, 213 A.D.2d 430; People v Cuesta, 199 A.D.2d 101). None of the defendant's remaining contentions warrant reversal (see, People v Crimmins, 36 N.Y.2d 230, 242; People v Reese, 181 A.D.2d 699; People v Hightower, 163 A.D.2d 489). Balletta, J.P., Thompson, Ritter and Florio, JJ., concur.


Summaries of

People v. Sullivan

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 387 (N.Y. App. Div. 1995)
Case details for

People v. Sullivan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE SULLIVAN…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 387 (N.Y. App. Div. 1995)
633 N.Y.S.2d 352