People v Girald

People v Girald 2013 NY Slip Op 08097 Decided on December 4, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2011-05164
(Ind. No. 5504/10)

[*1]The People of the State of New York, respondent,

v

John Girald, appellant.




Lynn W. L. Fahey, New York, N.Y. (Allegra Glashausser of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leoanrd
Joblove, Thomas M. Ross, and
Lewis M. Kaminski of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered May 12, 2011, convicting him of assault in the second degree, assault in the third degree, unlawful imprisonment, criminal sale of a controlled substance in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court erred in precluding his attorney from questioning an undercover police officer about an alleged inconsistent omission of fact made by him in the grand jury proceeding is without merit. Under the circumstances of this case, the Supreme Court providently exercised its discretion in limiting the cross-examination of the police officer (see People v Reynolds, 83 AD3d 1098, 1099; People v Selman, 55 AD3d 638, 638-639).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
RIVERA, J.P., HALL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court