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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 439 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the County Court, Westchester County (LaCava, J.).


Ordered that the judgment is affirmed.

The defendant asserts that the prosecutor, in cross-examining the defendant, crossed the boundaries of propriety by compelling the defendant to state that the police officer "lied" (People v Sansevero, 185 A.D.2d 256).

We conclude that under the circumstances of this case the cross-examination was at the edge of propriety. However, we find no basis to reverse the conviction. The court sustained an objection to this line of questioning and the defendant failed to request curative instructions. Furthermore, the proof of the defendant's guilt was overwhelming.

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 439 (N.Y. App. Div. 1993)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUGUSTUS SMITH…

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 439 (N.Y. App. Div. 1993)
605 N.Y.S.2d 111

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