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People v. Hemphill

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1998
247 A.D.2d 339 (N.Y. App. Div. 1998)

Opinion

February 26, 1998

Appeal from the Supreme Court, New York County (Thomas Galligan, J.).


The trial court properly exercised its discretion in restricting defendant's re-cross-examination of one of the People's police witnesses since defendant's examination went beyond the People's inquiry on redirect ( People v. Bethune, 105 A.D.2d 262, 269, lv denied 64 N.Y.2d 1016; see also, Matter of Morlin R., 236 A.D.2d 201). In any event, defendant was accorded sufficient scope of inquiry concerning the subject in question and the court's restrictions on re-cross-examination caused no prejudice.

On the existing record, which defendant has not sought to amplify by way of a CPL article 440 motion raising this issue ( see, People v. Love, 57 N.Y.2d 998), we conclude that defendant has failed to demonstrate "the absence of strategic or other legitimate explanations" for counsel's conduct ( People v. Rivera, 71 N.Y.2d 705, 709) or that but for counsel's purported errors, the result of the proceeding would have been different ( People v. Hobot, 84 N.Y.2d 1021, 1024; People v. Baldi, 54 N.Y.2d 137).

We conclude that any error in the court's ruling concerning evidence of a cooperation agreement involving a witness was harmless in view of the overwhelming evidence of guilt ( see, People v. Steadman, 82 N.Y.2d 1, 8-9).

Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.


Summaries of

People v. Hemphill

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1998
247 A.D.2d 339 (N.Y. App. Div. 1998)
Case details for

People v. Hemphill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN HEMPHILL…

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

Date published: Feb 26, 1998

Citations

247 A.D.2d 339 (N.Y. App. Div. 1998)
669 N.Y.S.2d 209

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