People v. Payne

New York Court of Appeals

People v. Payne

407 N.E.2d 1339, 50 N.Y.2d 867, 430 N.Y.S.2d 42, 1980 N.Y. LEXIS 2431

CourtNew York Court of Appeals

DecidedJune 3, 1980

StatusPublished

Cited by5 cases

This text of 407 N.E.2d 1339 (People v. Payne) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Payne, 407 N.E.2d 1339, 50 N.Y.2d 867, 430 N.Y.S.2d 42, 1980 N.Y. LEXIS 2431 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Appellant relies principally on two asserted errors. First, he contends that it was error to deny his motion to preclude cross-examination, in the event he took the witness stand, with respect to his 1973 misdemeanor conviction for illegal possession of a pistol. There was no error of law in this ruling which would warrant our disturbing the rejection of appel *869 lant’s arguments by the Appellate Division (People v Mackey, 49 NY2d 274).

Second, appellant contends that the trial court erred in permitting the prosecutor, over objection, to cross-examine defendant’s alibi witness, Archie Miller, as to why he had not gone to the police or to the District Attorney to relate his version of the events to which he testified on trial. This was not error (People v Dawson, 50 NY2d 311). Nothing in the content or manner of cross-examination suggested or implied that the witness was under any duty to go to the police or the District Attorney, and in any event appellant requested no curative instruction (cf. People v Dawson, supra, at p 322).

We have examined appellant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Appellant relies principally on two asserted errors. First, he contends that it was error to deny his motion to preclude cross-examination, in the event he took the witness stand, with respect to his 1973 misdemeanor conviction for illegal possession of a pistol. There was no error of law in this ruling which would warrant our disturbing the rejection of appel *869 lant’s arguments by the Appellate Division (People v Mackey, 49 NY2d 274).

Second, appellant contends that the trial court erred in permitting the prosecutor, over objection, to cross-examine defendant’s alibi witness, Archie Miller, as to why he had not gone to the police or to the District Attorney to relate his version of the events to which he testified on trial. This was not error (People v Dawson, 50 NY2d 311). Nothing in the content or manner of cross-examination suggested or implied that the witness was under any duty to go to the police or the District Attorney, and in any event appellant requested no curative instruction (cf. People v Dawson, supra, at p 322).

We have examined appellant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

407 N.E.2d 1339, 50 N.Y.2d 867, 430 N.Y.S.2d 42, 1980 N.Y. LEXIS 2431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-payne-ny-1980.

Opinion

Related

Cite This Page — Counsel Stack