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People v. Crosby

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1991
176 A.D.2d 266 (N.Y. App. Div. 1991)

Opinion

September 16, 1991

Appeal from the Supreme Court, Kings County (Heller, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we do not find that the trial court's limitation of defense counsel's cross-examination of the complaining witness deprived the defendant of a fair trial. It is well established that the scope and extent of cross-examination lies within the sound discretion of the trial court (see, People v. Gerace, 172 A.D.2d 688). Here, there was no significant curtailment of cross-examination. Counsel was permitted to impeach the credibility of the complainant by eliciting inconsistent testimony from another witness, and then utilizing in summation the inconsistency in the witnesses' accounts of events to attack the complainant's credibility.

We have reviewed the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit. Eiber, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

People v. Crosby

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1991
176 A.D.2d 266 (N.Y. App. Div. 1991)
Case details for

People v. Crosby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CROSBY, Appellant

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

Date published: Sep 16, 1991

Citations

176 A.D.2d 266 (N.Y. App. Div. 1991)

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