People v. Bowen
| Decision Date | 12 June 1980 |
| Citation | 431 N.Y.S.2d 449,50 N.Y.2d 915,409 N.E.2d 924 |
| Parties | , 409 N.E.2d 924 The PEOPLE of the State of New York, Respondent, v. Edward BOWEN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 65 A.D.2d 364, 411 N.Y.S.2d 573, should be affirmed.
Appellant tenders two issues. With respect to the first the propriety of the prosecutor's cross-examination of defendant as to his failure at the time of his arrest to come forward with the exculpatory version of the episode to which he testified on trial it appears that the issue is not preserved for our review inasmuch as no timely protest was registered.
As to the second the propriety of the denial of defendant's motion to preclude cross-examination with respect to the facts underlying a prior charge of reckless endangerment there is nothing to warrant our disturbing the determination of the Appellate Division (cf. People v. Mackey, 49 N.Y.2d 274, 425 N.Y.S.2d 288, 401 N.E.2d 398). Any error in the trial court's failure to instruct the jury that this testimony should be considered for purposes of impeachment only was not preserved in view of the absence of any request for such instruction.
Order affirmed in a memorandum.
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...that the issue is not preserved for our review inasmuch as no timely protest was registered." People v. Bowen, 50 N.Y.2d 915, 917, 431 N.Y.S.2d 449, 409 N.E.2d 924 (1980) (memorandum). Despite his extensive review of the cases, Judge Kaufman in Hawkins neither cited nor referred to the Cour......
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...counsel failed to do so. Accordingly, defendant has failed to preserve this claim for appellate review (People v. Bowen, 50 N.Y.2d 915, 917, 431 N.Y.S.2d 449, 409 N.E.2d 924; CPL 470.05, subd. Similarly, defendant did not object to the court's charge on reasonable doubt or the court's failu......
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