Opinion
February 11, 1985
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Judgment affirmed.
Review of the record establishes that defense counsel's performance amply met the standards of competence mandated by the Federal and State Constitutions ( Strickland v Washington, 466 US ___, 104 S Ct 2052; People v Baldi, 54 N.Y.2d 137; People v Jackson, 74 A.D.2d 585, affd 52 N.Y.2d 1027). Moreover, the trial court's refusal to permit a witness to be recalled for further cross-examination was a proper exercise of discretion ( People v Fiore, 12 N.Y.2d 188, 201; cf. People v Olsen, 34 N.Y.2d 349, 352). The People had already rested, the request was made near the close of the defendant's case, and the nature of the testimony would have been cumulative. Mollen, P.J., Titone, Thompson and Bracken, JJ., concur.