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People v. Greenwood

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 159 (N.Y. App. Div. 1989)

Opinion

December 7, 1989

Appeal from the Supreme Court, Bronx County (George D. Covington, J.).


While the photo identification procedure was questionable (see, People v Hall, 81 A.D.2d 644; People v Tindal, 69 A.D.2d 58), the subsequent lineup procedure was proper, and sufficiently attenuated in time from the photo identification 5 1/2 weeks earlier as to be untainted by any prior procedural irregularities (People v Torres, 137 A.D.2d 734). The trial court's rulings on adjournments were within the sound exercise of its discretion (Matter of Anthony M., 63 N.Y.2d 270, 283) and should remain undisturbed. With regard to the child's testimony, the collateral issue rule bars a cross-examiner from offering evidence contradicting the cross-examined police sergeant on the collateral issue of an identifying scar. (See, People v Catalanotte, 36 N.Y.2d 192.)

Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Rosenberger, JJ.


Summaries of

People v. Greenwood

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 159 (N.Y. App. Div. 1989)
Case details for

People v. Greenwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GREENWOOD, Also…

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

Date published: Dec 7, 1989

Citations

156 A.D.2d 159 (N.Y. App. Div. 1989)

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