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People v. Garrick

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 478 (N.Y. App. Div. 1998)

Opinion

January 29, 1998

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


The prosecutor's cross-examination of defendant's character witnesses concerning whether they had heard of the acts of misconduct purportedly committed by defendant while in prison properly tested their credibility and the extent of their knowledge of defendant's reputation ( see, People v. Duhaney, 157 A.D.2d 665, lv denied 75 N.Y.2d 918). Furthermore, the prosecutor established a good faith basis for such questioning, avoided exploiting the details of the incidents, and ceased questioning on the issue after the witnesses indicated that they had not heard about the alleged misconduct ( see, People v. Bouton, 50 N.Y.2d 130, 137-140; People v. Kuss, 32 N.Y.2d 436, cert denied 415 U.S. 913). Moreover, the questioning was proper since both witnesses testified that they were in a position to know the nature of defendant's reputation during the time period and location in question ( People v. Bouton, supra), and, although the questions pertained to defendant's post-arrest behavior, the witnesses testified to defendant's present reputation for peacefulness as well as for truth and veracity ( see, United States v. Kelner, 534 F.2d 1020, 1028, cert denied 429 U.S. 1022). In any event, the court's limiting instructions, to which counsel did not object, eliminated any possible prejudice to defendant.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these contentions, we would find them to be without merit.

Concur — Wallach, J.P., Rubin, Tom and Andrias, JJ.


Summaries of

People v. Garrick

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 478 (N.Y. App. Div. 1998)
Case details for

People v. Garrick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS GARRICK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1998

Citations

246 A.D.2d 478 (N.Y. App. Div. 1998)
667 N.Y.S.2d 747

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