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People v. Ponce

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 725 (N.Y. App. Div. 1995)

Opinion

March 29, 1995

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court properly admitted into evidence photographs which depicted the victim's burn injuries approximately one month after the incident. The photographs were admitted to illustrate the extent of the victim's injuries and thereby aid in establishing the defendant's intent when he inflicted those injuries. The photographs also corroborated the testimony of the medical expert. There is no indication in the record that the photographs were admitted for the sole purpose of arousing the emotions of the jury (see, People v. Wood, 79 N.Y.2d 958; People v. Stevens, 76 N.Y.2d 833; People v. Dellemand, 205 A.D.2d 551; People v. Harrison, 207 A.D.2d 359).

Furthermore, there is no merit to the defendant's contention that he was denied his rights to confrontation, to effective cross-examination, and to present a defense by the trial court's limiting the scope and extent of cross-examination of a prosecution witness. While the defendant asserts that the witness previously made an impeachable statement, there is nothing in the record to support this conclusion. Therefore, the trial court properly exercised its discretion to limit the scope of cross-examination in relation to the credibility and accuracy of a witness (People v. Duncan, 46 N.Y.2d 74, cert denied 442 U.S. 910).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.


Summaries of

People v. Ponce

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 725 (N.Y. App. Div. 1995)
Case details for

People v. Ponce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO PONCE…

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

Date published: Mar 29, 1995

Citations

213 A.D.2d 725 (N.Y. App. Div. 1995)
624 N.Y.S.2d 283

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