People v. Marion

Appellate Division of the Supreme Court of New York

People v. Marion

151 A.D.2d 961, 542 N.Y.S.2d 410, 1989 N.Y. App. Div. LEXIS 8262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1989

StatusPublished

This text of 151 A.D.2d 961 (People v. Marion) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Marion, 151 A.D.2d 961, 542 N.Y.S.2d 410, 1989 N.Y. App. Div. LEXIS 8262 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Any error in the court’s limitation on defense counsel’s cross-examination of a prosecution witness was harmless beyond a reasonable doubt. The only material testimony presented through that witness was that defendant was at the scene of the crime, a fact which defendant admitted. Thus, there was no need to impeach the witness. Although there may have been a technical violation of CPL 710.30, that error was also harmless. The portion of the statement omitted from the notice was totally innocuous and contained nothing that incriminated defendant. (Appeal from judgment of Monroe County Court, Celli, J. — manslaughter, first degree.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: Any error in the court’s limitation on defense counsel’s cross-examination of a prosecution witness was harmless beyond a reasonable doubt. The only material testimony presented through that witness was that defendant was at the scene of the crime, a fact which defendant admitted. Thus, there was no need to impeach the witness. Although there may have been a technical violation of CPL 710.30, that error was also harmless. The portion of the statement omitted from the notice was totally innocuous and contained nothing that incriminated defendant. (Appeal from judgment of Monroe County Court, Celli, J. — manslaughter, first degree.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

151 A.D.2d 961, 542 N.Y.S.2d 410, 1989 N.Y. App. Div. LEXIS 8262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marion-nyappdiv-1989.