Opinion
December 29, 1998
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J., at hearing; Ira Globerman, J., at jury trial and sentence).
Defendant's suppression motion was properly denied. The hearing court properly exercised its discretion in restricting defendant's cross-examination of the investigating detective on irrelevant matters, while affording ample latitude with respect to material issues ( see, People v. Rivera, 254 A.D.2d 199), and defendant was not prejudiced by the preclusion of questions related to his consent to go to or remain at the precinct ( People v. Artis, 201 A.D.2d 488). The record supports the hearing court's determination that there was an independent source to support the complainant's in-court identification ( see, People v. Hyatt, 162 A.D.2d 713, lv denied 76 N.Y.2d 987).
Defendant was not entitled to a missing witness charge with respect to a detective where there was no demonstration that this witness would provide noncumulative testimony on a material issue ( see, People v. Cortijo, 251 A.D.2d 256).
Concur — Lerner, P. J., Wallach, Tom and Andrias, JJ.