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Matter of Devanand

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 533 (N.Y. App. Div. 1992)

Opinion

December 14, 1992

Appeal from the Family Court, Queens County (De Phillips, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court did not improperly restrict his cross-examination of the complainant at the fact-finding hearing. "It is well settled that the scope of cross-examination rests largely in the sound discretion of the court" (People v Quevas, 178 A.D.2d 441, 442; see, People v Crosby, 176 A.D.2d 266). The court in this case merely sustained objections to certain facially improper questions propounded by the appellant's hearing counsel and conducted its own brief questioning of the complainant in order to clarify the witness's previous testimony and to focus the inquiry on relevant issues and time periods (see generally, Matter of Sean C., 124 A.D.2d 583). Moreover, counsel repeatedly asked questions which were overbroad in form and then failed to appropriately rephrase the queries when so instructed by the court, thus necessitating the sustaining of valid objections to those questions. Additionally, since the appellant's counsel did not take issue with the court's rulings, engage in legal argument, or present an offer of proof, counsel clearly failed "to specify or clarify the purpose for which the desired cross-examination was sought or the basis on which it was justified" (Matter of Robert S., 52 N.Y.2d 1046, 1048). Accordingly, the hearing record does not support the appellant's claim that the Family Court improvidently exercised its discretion in controlling the scope and extent of cross-examination in this case (see, e.g., Matter of Robert S., supra; People v Quevas, supra; People v Crosby, supra). Mangano, P.J., Bracken, Sullivan and O'Brien, JJ., concur.


Summaries of

Matter of Devanand

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 533 (N.Y. App. Div. 1992)
Case details for

Matter of Devanand

Case Details

Full title:In the Matter of DEVANAND S., a Person Alleged to be a Juvenile…

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

Date published: Dec 14, 1992

Citations

188 A.D.2d 533 (N.Y. App. Div. 1992)
591 N.Y.S.2d 440

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