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People v. Cullen

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 808 (N.Y. App. Div. 1997)

Opinion

February 7, 1997.

Judgment unanimously affirmed.

Present — Green, J.P., Lawton, Fallon, Callahan and Boehm, JJ.


County Court did not abuse its discretion in limiting the scope of defendant's cross-examination of a prosecution witness regarding the relationship between the witness's brother and defendant's wife. While proof of bias or hostility of a witness is not collateral ( see, People v Gilland, 110 AD2d 1078), a court may, in the exercise of discretion, properly exclude such proof when it is too remote or speculative ( see, People v Thomas, 46 NY2d 100, 105-106, appeal dismissed 444 US 891; People v Stewart, 188 AD2d 626, 627). Upon our review of the record, we conclude that the verdict is not contrary to the weight of the evidence ( see, People v Bleakley, 69 NY2d 490, 495). The record also establishes that defendant received meaningful representation ( see, People v Baldi, 54 NY2d 137, 147). The sentence imposed is not unduly harsh or severe. Defendant's remaining contentions are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to address them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Onondaga County Court, Cunningham, J. — Arson, 3rd Degree.)


Summaries of

People v. Cullen

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 808 (N.Y. App. Div. 1997)
Case details for

People v. Cullen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN CULLEN, Appellant

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

Date published: Feb 7, 1997

Citations

236 A.D.2d 808 (N.Y. App. Div. 1997)
653 N.Y.S.2d 747

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