Opinion
12482 12483 Ind. No. 4821/16 Case No. 2019-2902 2019-2903
11-24-2020
The PEOPLE of the State of New York, Respondent, v. Joseph FERRIGNO et al., Defendants–Appellants.
Mischel & Horn, P.C., New York (Richard E. Mischel of counsel), for Joseph Ferrigno, appellant. Peluso & Touger, LLP, New York (David Touger of counsel), for Erin Wicomb, appellant. Cyrus R. Vance, Jr., District Attorney, New York (Robert Brent Ferguson of counsel), for respondent.
Mischel & Horn, P.C., New York (Richard E. Mischel of counsel), for Joseph Ferrigno, appellant.
Peluso & Touger, LLP, New York (David Touger of counsel), for Erin Wicomb, appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Robert Brent Ferguson of counsel), for respondent.
Renwick, J.P., Kapnick, Gesmer, Kern, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 21, 2019, as amended April 24, 2019, convicting defendants, after a jury trial, of grand larceny in the second degree, and sentencing defendant Ferrigno to a term of 2½ to 7½ years, and sentencing defendant Wicomb to a term of 3 to 9 years, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50(5) as to both defendants.
The court providently exercised its discretion in imposing reasonable limits on the cross-examination of a prosecution witness, based on the court's determination that the relevance of the proposed line of inquiry, which was ancillary at best, was outweighed by its tendency to confuse or mislead the jury (see generally People v. Rouse , 34 N.Y.3d 269, 275, 117 N.Y.S.3d 634, 140 N.E.3d 957 [2019] ). Defendants received ample latitude in which to present their chosen defense. Accordingly, we find no violation of defendants' constitutional rights to cross-examine witnesses and present a defense (see Crane v. Kentucky , 476 U.S. 683, 689–690, 106 S.Ct. 2142, 90 L.Ed.2d 636 [1986] ; Delaware v. Van Arsdall , 475 U.S. 673, 678–679, 106 S.Ct. 1431, 89 L.Ed.2d 674 [1986] ). In any event, we find that any error was harmless (see People v. Crimmins , 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975] ).
We perceive no basis for reducing the sentence of either defendant.