People v. King

197 A.D.2d 440, 603 N.Y.S.2d 36, 1993 N.Y. App. Div. LEXIS 9773

Opinion

—Judgment, Supreme Court, New York County (Howard Bell, J.), rendered June 18, 1991, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

When the defendant used one police document on cross-examination to suggest that an attempted robbery had not been contemporaneously reported, the trial court properly received, on redirect, an additional report referring to the robbery attempt. Where, as here, a defendant opens the door by using only part of certain material, the unused portion may be used to refute the inference raised by the defendant’s partial use (see, People v Desterdick, 173 AD2d 312, lv denied 78 NY2d 965).

We have considered defendant’s remaining contention and find it meritless. Concur—Rosenberger, J. P., Ellerin, Ross and Asch, JJ.