Opinion
2013-04-9
The PEOPLE of the State of New York, Respondent, v. Derrick HILL, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Jonathan Garelick of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Jonathan Garelick of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John B.F. Martin of counsel), for respondent.
MAZZARELLI, J.P., ACOSTA, RENWICK, RICHTER, GISCHE, JJ.
Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered April 13, 2010, convicting defendant, after a jury trial, of driving while intoxicated and driving while ability impaired, and sentencing him to an aggregate term of 60 days and 5 years' probation, unanimously affirmed.
The court properly exercised its discretion in determining that defendant's cross-examination opened the door ( see generally People v. Massie, 2 N.Y.3d 179, 183–185, 777 N.Y.S.2d 794, 809 N.E.2d 1102 [2004] ) to limited testimony that defendant declined to make a statement to the arresting officer. Defendant pursued a line of questioning that created misleading impressions about his post arrest interactions with the police ( see United States v. Fairchild, 505 F.2d 1378, 1383 [5th Cir.1975]; see also People v. Davis, 61 N.Y.2d 202, 205–207, 473 N.Y.S.2d 146, 461 N.E.2d 283 [1984] ). Furthermore, any potential prejudice was prevented by the court's thorough instruction, which defense counsel drafted, and which the jury is presumed to have followed ( see People v. Davis, 58 N.Y.2d 1102, 1104, 462 N.Y.S.2d 816, 449 N.E.2d 710 [1983] ). In any event, any error in receiving the challenged testimony was harmless ( see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975] ).