People v. Andrews

237 A.D.2d 110, 654 N.Y.S.2d 741, 1997 N.Y. App. Div. LEXIS 2123

Opinion

Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered April 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of to 9 years, unanimously affirmed.

The prosecutor’s cross-examination of defendant and summation remarks concerning a significant discrepancy between defendant’s trial testimony and a post-arrest statement attributed to him by the police were proper (People v Savage, 50 NY2d 673, cert denied 449 US 1016), notwithstanding defendant’s testimony that he made no such statement (see, People v Davis, 61 NY2d 202).

The court properly limited cross-examination of police witnesses concerning unrelated incidents (see, People v Johnson, 228 AD2d 389, lv denied 88 NY2d 1022; People v Alston, 215 AD2d 108, lv denied 86 NY2d 732). Concur—Milonas, J. P., Nardelli, Williams and Andrias, JJ.