Opinion
1999-11043
Submitted September 12, 2002.
October 1, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered November 17, 1999, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
We find no merit to the defendant's contention that he was deprived of his right to fully cross-examine a prosecution witness. The defendant failed to show that "relevant and important facts bearing on the trustworthiness of crucial testimony" were kept from the jury (cf. People v. Ashner, 190 A.D.2d 238, 247). Accordingly, the Supreme Court providently exercised its discretion in declining to give the defendant the opportunity to recall the witness for further cross-examination.
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.