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People v. Montgomery

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 332 (N.Y. App. Div. 1995)

Opinion

June 5, 1995

Appeal from the Supreme Court, Kings County (Lipp, J., Lagana, J.).


Ordered that the judgment and the amended judgment are affirmed.

The defendant has not preserved for appellate review his contention that the prosecutor was improperly permitted to cross-examine him regarding statements that he had allegedly made to his wife prior to the murder of which he was convicted (see, People v. Qualls, 55 N.Y.2d 733). In any event, there is no merit to the defendant's contention. The challenged questions were based on information derived from the Grand Jury proceedings. Therefore, the prosecutor had a good-faith basis for asking them (People v. Sealy, 167 A.D.2d 362).

The defendant's remaining contentions do not warrant reversal. Balletta, J.P., Miller, Santucci and Altman, JJ., concur.


Summaries of

People v. Montgomery

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1995
216 A.D.2d 332 (N.Y. App. Div. 1995)
Case details for

People v. Montgomery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MONTGOMERY…

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

Date published: Jun 5, 1995

Citations

216 A.D.2d 332 (N.Y. App. Div. 1995)
627 N.Y.S.2d 455