People v. Velez

242 A.D.2d 473, 662 N.Y.S.2d 479, 1997 N.Y. App. Div. LEXIS 9030

Opinion

Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered June 18, 1996, convicting defendant, after a jury trial, of three counts of perjury in the first degree and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed. The matter is remanded to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

The court properly precluded defendant’s attempt to impeach a witness concerning the witness’s failure, at his own criminal trial, to volunteer testimony on certain subjects that were never brought out on direct or cross-examination (People v Bornholdt, 33 NY2d 75, 88, cert denied sub nom. Victory v New York, 416 US 905; see also, People v Brown, 235 AD2d 303, lv denied 89 NY2d 1032). Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.