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People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2008
50 A.D.3d 1047 (N.Y. App. Div. 2008)

Opinion

No. 2006-09958.

April 22, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered October 17, 2006, convicting him of burglary in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

A. GAIL PRUDENTI, P.J., STEVEN W. FISHER, HOWARD MILLER, RUTH C. BALKIN, JJ.

Before: Prudenti, P.J., Fisher, Miller and Balkin, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in limiting the defense counsel's cross-examination of the complainant as to prior bad acts because counsel failed to establish a good-faith basis for this inquiry ( see People v Olibencia, 45 AD3d 607; People v Dellarocco, 115 AD2d 904, 905; cf. People v Jones, 193 AD2d 696, 697).

The defendant's remaining contention is without merit.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2008
50 A.D.3d 1047 (N.Y. App. Div. 2008)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FITZROY BENNETT…

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

Date published: Apr 22, 2008

Citations

50 A.D.3d 1047 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3656
854 N.Y.S.2d 904

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