PEOPLE OF MI V ROBERT BROCK
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 21, 2000
Plaintiff-Appellee,
v
No. 210722
Wayne Circuit Court
Criminal Division
LC No. 97-003614
ROBERT BROCK,
Defendant-Appellant.
Before: Murphy, P.J., and Collins and Owens, JJ.
PER CURIAM.
Defendant was convicted by a jury of assault with intent to rob while armed, MCL 750.89;
MSA 28.284, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA
28.424(2). He was sentenced to a term of seven to twenty years’ imprisonment for the assault with
intent to rob conviction and a consecutive two-year term for the felony-firearm conviction. Defendant
appeals as of right. We affirm.
Defendant first contends that the court erred in excluding the testimony of the police officer who
took a statement from the complainant while the complainant was in the hospital. We review a trial
court’s decision whether to admit evidence for an abuse of discretion. People v Nelson, 234 Mich
App 454, 460; 594 NW2d 114 (1999). This Court will find an abuse of discretion only when an
unprejudiced person, considering the facts on which the trial court acted, would say there was no
justification or excuse for the ruling. Id.
Generally, relevant evidence is admissible. MRE 402. Relevant evidence is evidence having
any tendency to make the existence of any fact that is of consequence to the determination of the action
more probable or less probable than it would be without the evidence. MRE 401.
Defendant contends that the excluded testimony was relevant to show that the complainant was
lying about the alleged crime. While we agree that evidence suggesting that a victim is lying is relevant,
People v Mills, 450 Mich 61, 72; 537 NW2d 909 (1995), the testimony that defendant sought to elicit
concerned relatively minor points in the complainant’s testimony and was not reasonably likely to have
affected the jury’s decision whether to believe that testimony. Moreover, defendant did cross-examine
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the complainant regarding his statement and raised questions of credibility at that point. Accordingly,
we conclude that any error in the court’s refusal to admit the officer’s testimony was harmless. See
People v Lukity, 460 Mich 484, 497; 596 NW2d 607 (1999).
Defendant also contends that the court improperly restricted counsel’s cross-examination of the
police officer who conducted the search of the crime scene. The right of cross-examination is not
without limits; neither the Confrontation Clause nor due process confers an unlimited right to cross
examine on any subject. People v Adamski, 198 Mich App 133, 138; 497 NW2d 546 (1993). The
right of cross-examination does not include a right to cross-examine on irrelevant issues and may bow to
accommodate other legitimate interests of the trial process. Id. Trial judges retain wide latitude to
impose reasonable limits on cross-examination based on concerns about, among other things,
harassment, prejudice, confusion of the issues, the witness’ safety, or interrogation that is repetitive or
only marginally relevant. Id. Whether the trial court has properly limited cross-examination is reviewed
for an abuse of discretion. People v Minor, 213 Mich App 682, 684; 541 NW2d 576 (1995).
Here, the trial court did n abuse its discretion in precluding further inquiry concerning the
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scope of the officer’s investigation of the crime scene. Defendant had already elicited that the officer
had failed to find a bullet casing when he searched the scene. Further, the officer’s testimony admitting
that it was possible that a bullet casing was present and that he missed it equally suggested that it was
possible that he didn’t miss anything. Because any further exploration of probabilities was marginally
relevant, at best, the trial court did not abuse its discretion in precluding further inquiry in that regard.
Next, defendant argues that the trial court gave an erroneous instruction on aiding and abetting.
Because defendant failed to object to the trial court’s instructions, our review of this issue is limited to a
determination whether relief is necessary to avoid manifest injustice. People v Torres (On Remand),
222 Mich App 411, 423; 564 NW2d 149 (1997). We review instructions in their entirety to determine
whether error requiring reversal exists. People v Whitney, 228 Mich App 230, 252; 578 NW2d 329
(1998). Even if somewhat imperfect, there is no error if the instructions fairly presented the issues to be
tried and sufficiently protected defendant’s rights. Id.
While the court did not instruct the jury strictly in accordance with existing precedent, viewed in
context, the court’s instruction that the jury must find that defendant intended to help someone else
commit the crime essentially directed it to consider whether defendant intended to commit the crime,
which is consistent with existing precedent. People v Wilson, 196 Mich App 604, 609; 493 NW2d
471 (1992). Thus, the instructions fairly presented to the jury the issues to be tried and sufficiently
protected defendant’s rights. Whitney, supra. Accordingly, this issue does not warrant relief.
Finally, defendant claims that he was deprived of a fair trial because of impermissible vouching
by the prosecutor. Defendant did not preserve this issue with an objection to the allegedly improper
remarks at trial. Because a curative instruction could have remedied any
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prejudice stemming from the prosecutor’s remarks, reversal is not warranted. People v Stanaway,
446 Mich 643, 687; 521 NW2d 557 (1994).
Affirmed.
/s/ Jeffrey G. Collins
/s/ Donald S. Owens
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