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People v. Messa

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 495 (N.Y. App. Div. 2002)

Opinion

1999-01907

Argued October 29, 2002.

November 18, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered February 10, 1999, convicting him of burglary in the first degree, robbery in the first degree (four counts), sodomy in the first degree, sexual abuse in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and unlawful imprisonment in the first degree (five counts), upon a jury verdict, and imposing sentence.

Lawrence A. Vogelman, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Thomas S. Berkman of counsel), for respondent.

Before: NANCY E. SMITH, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the trial court improperly impeded his ability to present his defense by curtailing his cross-examination of the prosecution witnesses. We disagree. The trial court has broad discretion to limit cross-examination when questions are repetitive, irrelevant or only marginally relevant, concern collateral issues, or threaten to mislead the jury (see Delaware v. Van Arsdall, 475 U.S. 673, 679; People v. Magrigor, 281 A.D.2d 561; People v. McGriff, 201 A.D.2d 672, 673; People v. Ashner, 190 A.D.2d 238). The trial court providently exercised its discretion here.

The defendant's remaining contentions are without merit.

SMITH, J.P., FRIEDMANN, H. MILLER and COZIER, JJ., concur.


Summaries of

People v. Messa

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 495 (N.Y. App. Div. 2002)
Case details for

People v. Messa

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RAFAEL MESSA, APPELLANT

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

Date published: Nov 18, 2002

Citations

299 A.D.2d 495 (N.Y. App. Div. 2002)
749 N.Y.S.2d 885

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