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eBook details

• Title: People v. David Anderson
• Author : Supreme Court of New York
• Release Date : January 24, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

DECISION & ORDER Contrary to the defendant's contention, we discern no error in the trial court's limitation of cross-examination
with respect to a prosecution witness. It is firmly established that the degree of control to be exercised over the nature
and extent of cross-examination is a matter addressed to the sound and broad discretion of the trial court (see, People v
Schwartzman, 24 N.Y.2d 241, cert denied 396 U.S. 846; People v Boyajian, 148 A.D.2d 740). Inasmuch as the matters which the
defendant's trial counsel sought to further explore on cross-examination in this case were largely collateral and had already
been adequately covered, it cannot be said that the court improvidently exercised its discretion in precluding additional
questioning with regard to these matters (see, e.g., People v Boyajian, supra). In any event, even if it were assumed that
the court's rulings were erroneous, the error would be harmless in view of the strong evidence of the defendant's guilt and
the limited relevance of the testimony provided by the witness with regard to whom further cross-examination was sought (cf.,
People v Mills, 146 A.D.2d 810; People v Scoon, 130 A.D.2d 597). The defendant's challenge to the sentence imposed on his conviction of criminal possession of stolen property in the fifth
degree, which term was made to run concurrently with the greater sentence he received on his conviction of grand larceny in
the fourth degree, has been rendered academic by reason of the fact that he has already fully served the challenged sentence
(see, People v Reyes, 74 N.Y.2d 837). Accordingly, so much of his appeal as concerns the propriety of that sentence is dismissed.

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