People v. Uscange

Appellate Division of the Supreme Court of New York

People v. Uscange

186 A.D.2d 22, 587 N.Y.S.2d 630, 1992 N.Y. App. Div. LEXIS 10477

Appellate Division of the Supreme Court of the State of New York·Decided September 10, 1992·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, New York County (David Stadtmauer, J.), rendered January 17, 1990, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of imprisonment of 4 to 12 years, unanimously affirmed.

" 'The range and extent of the cross-examination is within [23] the discretion of the Trial Judge, provided only that it relates to relevant matters or to matters affecting credibility’ ” (People v Tice, 131 NY 651, 657; see also, People v Betts, 70 NY2d 289, 293) and this discretion should not be second guessed in absence of " 'plain abuse and injustice’ ” (People v Sorge, 301 NY 198, 202). We find that the limited cross-examination of defendant by the prosecutor relating to whether defendant had blood on his hands was relevant. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Ross, JJ.

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Judgment, Supreme Court, New York County (David Stadtmauer, J.), rendered January 17, 1990, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of imprisonment of 4 to 12 years, unanimously affirmed.

" 'The range and extent of the cross-examination is within [23] the discretion of the Trial Judge, provided only that it relates to relevant matters or to matters affecting credibility’ ” (People v Tice, 131 NY 651, 657; see also, People v Betts, 70 NY2d 289, 293) and this discretion should not be second guessed in absence of " 'plain abuse and injustice’ ” (People v Sorge, 301 NY 198, 202). We find that the limited cross-examination of defendant by the prosecutor relating to whether defendant had blood on his hands was relevant. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Ross, JJ.

People v. Uscange, 186 A.D.2d 22, 587 N.Y.S.2d 630, 1992 N.Y. App. Div. LEXIS 10477 (N.Y. Ct. App. 1992).

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Opinion

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