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People v. McEachern

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 381 (N.Y. App. Div. 1997)

Opinion

March 10, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered April 4, 1995, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Before: Ritter, J.P., Pizzuto, Altman and Krausman, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that the trial court improperly curtailed his right of cross-examination is unpreserved for appellate review ( see, People v Ianelli, 69 NY2d 684, 685, cert denied 482 US 914; People v Lyons, 81 NY2d 753, 754). In any event, this claim is unavailing. Although the right of cross-examination is protected by the Constitution ( see, US Const 6th Amend; NY Const. art I, § 6), the trial court retains wide discretion to limit cross-examination "`based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness' safety, or interrogation that is repetitive or only marginally relevant'" ( People v Ashner, 190 AD2d 238, 246, quoting Delaware v Van Arsdall, 475 US 673, 679).

Here, the defendant was able to elicit the inconsistency between the detective's hearing testimony and the trial testimony and place it before the jury ( cf., People v Moore, 193 AD2d 627, 628). The defendant's present argument that he was deprived of the opportunity to elicit evidence that would support his defense is speculative and without merit ( cf., People v Elder, 207 AD2d 498, 499).


Summaries of

People v. McEachern

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 381 (N.Y. App. Div. 1997)
Case details for

People v. McEachern

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST McEACHERN…

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

Date published: Mar 10, 1997

Citations

237 A.D.2d 381 (N.Y. App. Div. 1997)
655 N.Y.S.2d 428

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