People v. Dominguez

Decision Date05 December 1994
Citation210 A.D.2d 249,620 N.Y.S.2d 257
PartiesThe PEOPLE, etc., Respondent, v. Eldo DOMINGUEZ, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (M. Kilburg Reedy, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Jane S. Meyers, and Florence M. Sullivan, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered January 26, 1993, convicting him of robbery in the first degree, robbery in the second degree, and grand larceny in the fourth degree, upon a jury verdict, and sentencing him to three concurrent terms of 2 to 6 years imprisonment.

ORDERED that the judgment is modified, on the law, by reducing the term of imprisonment for grand larceny in the fourth degree from 2 to 6 years to 1 1/3 to 4 years; as so modified, the judgment is affirmed.

The defendant's contention that the court allegedly restricted his cross-examination of the complainant at the hearing to determine whether the complainant was sufficiently familiar with the defendant to render a Wade hearing unnecessary (see, People v. Rodriguez, 79 N.Y.2d 445, 583 N.Y.S.2d 814, 593 N.E.2d 268; People v. Williamson, 79 N.Y.2d 799, 580 N.Y.S.2d 170, 588 N.E.2d 68), is unpreserved for appellate review (see, People v. Johnson, 201 A.D.2d 384, 607 N.Y.S.2d 351). In any event, the claim is without merit. It is well settled that the scope of cross-examination rests largely in the sound discretion of the court (see, Matter of Devanand S., 188 A.D.2d 533, 591 N.Y.S.2d 440; People v. Grullon, 177 A.D.2d 398, 576 N.Y.S.2d 140). The hearing court is vested with authority to regulate the taking of oral testimony and to manage the conduct of the examination of witnesses (see, People v. Harrison, 151 A.D.2d 778, 543 N.Y.S.2d 108). Here, the court properly sustained an objection to a facially improper question propounded by the defendant's hearing counsel and conducted its own brief questioning of the complainant. The court's questioning clarified the complainant's previous testimony and focused the inquiry on the central issue of the hearing--the complainant's familiarity with the defendant (see, People v. Williamson, supra ).

As the People correctly concede, the term of imprisonment of 2 to 6 years for grand larceny in the fourth degree was illegal since it exceeded the maximum prison term authorized by law (see, Penal...

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6 cases
  • People v. Wright
    • United States
    • New York Supreme Court — Appellate Division
    • November 20, 1995
    ...and orderly progress of the proceeding (see, People v. Moulton, 43 N.Y.2d 944, 403 N.Y.S.2d 892, 374 N.E.2d 1243; People v. Dominguez, 210 A.D.2d 249, 620 N.Y.S.2d 257; People v. Harrison, 151 A.D.2d 778, 543 N.Y.S.2d 108). Additionally, the hearing court correctly determined that the showu......
  • People v. Green
    • United States
    • New York Supreme Court — Appellate Division
    • November 10, 1997
    ...and orderly progress of the proceedings (see, People v. Moulton, 43 N.Y.2d 944, 403 N.Y.S.2d 892, 374 N.E.2d 1243; People v. Dominguez, 210 A.D.2d 249, 620 N.Y.S.2d 257). The court's refusal to sanction the prosecution for the destruction of a tape of a telephone call made after the robbery......
  • People v. Moreno
    • United States
    • New York Supreme Court — Appellate Division
    • November 25, 1996
    ...221 A.D.2d 577, 578, 633 N.Y.S.2d 833; see also, People v. Moulton, 43 N.Y.2d 944, 403 N.Y.S.2d 892, 374 N.E.2d 1243; People v. Dominguez, 210 A.D.2d 249, 620 N.Y.S.2d 257; People v. Harrison, 151 A.D.2d 778, 543 N.Y.S.2d 108). In addition, the hearing court correctly determined that the sh......
  • Korn v. Levick
    • United States
    • New York Supreme Court — Appellate Division
    • September 23, 1996
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