People v. Lovell

Appellate Division of the Supreme Court of New York

People v. Lovell

12 A.D.3d 535, 783 N.Y.S.2d 864, 2004 N.Y. App. Div. LEXIS 13683

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2004·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered July 24, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the trial court deprived him of his right to present a defense by precluding him from calling a witness whom the defense counsel chose not to cross-examine when previously called as a witness for the prosecution (see People v Sawyer, 304 AD2d 775 [2003]).

The defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]). Florio, J.P., Krausman, Fisher and Lifson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered July 24, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the trial court deprived him of his right to present a defense by precluding him from calling a witness whom the defense counsel chose not to cross-examine when previously called as a witness for the prosecution (see People v Sawyer, 304 AD2d 775 [2003]).

The defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]). Florio, J.P., Krausman, Fisher and Lifson, JJ., concur.

People v. Lovell, 12 A.D.3d 535, 783 N.Y.S.2d 864, 2004 N.Y. App. Div. LEXIS 13683 (N.Y. Ct. App. 2004).

Pincite

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Opinion

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