People v. Ely
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | WEISS |
| Citation | 115 A.D.2d 171,495 N.Y.S.2d 240 |
| Decision Date | 27 November 1985 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Karen T. ELY, Appellant. |
Page 240
v.
Karen T. ELY, Appellant.
Third Department.
Page 241
O'Connell & Aronowitz, Albany (Stephen R. Coffey, Albany, of counsel), for appellant.
Sol Greenberg, Albany County Dist. Atty., Albany (George H. Barber, Albany, of counsel), for respondent.
Page 242
Before MAHONEY, P.J., and MAIN, CASEY, WEISS and LEVINE, JJ.
WEISS, Justice.
Appeal from a judgment of the County Court of Albany County, rendered February 23, 1983, upon a verdict convicting defendant of the crime of murder in the second degree.
Defendant and Robert Huntington were charged in an indictment with murder in the second degree for the strangulation death of defendant's husband, Raymond Ely. Huntington pleaded guilty and testified at defendant's trial as a prosecution witness. Defendant appeals her conviction after a jury trial and sentence of 25 years to life in prison.
Defendant first contends that restrictions imposed upon her cross-examination of key prosecution witnesses denied her the effective assistance of counsel. Mary Beth Matthews, an inmate at the Albany County Jail while defendant was confined there, testified for the People on rebuttal that defendant tried to recruit her as a witness to say that she had seen the deceased alive in a bus station shortly before the time of his murder. Matthews testified that defendant instructed her to describe the deceased's appearance and relate her attempts to purchase drugs from him. Defense counsel sought to question Matthews on cross-examination about her psychiatric history and to examine her file at the Albany County Mental Health Department. After an in camera examination of that file, County Court refused to permit questioning about Matthews' past psychiatric evaluations because there was no evidence that she had ever been psychotic. The court therefore concluded that such inquiry would be speculative and of no relevance as to credibility. The court did admit into evidence three psychiatric reports, none of which indicated either distress or any psychoses, and then permitted inquiry into Matthews' past drug use and juvenile record.
The nature and extent of cross-examination concerning witness credibility is within the sound discretion of the trial court (Martin v. Alabama 84 Truck Rental, 47 N.Y.2d 721, 417 N.Y.S.2d 56, 390 N.E.2d 774; People v. Schwartzman, 24 N.Y.2d 241, 299 N.Y.S.2d 817, 247 N.E.2d 642, cert. denied 396 U.S. 846, 90 S.Ct. 103, 24 L.Ed.2d 96). Because there was no evidence of mental illness or other serious psychological problems in the records examined by County Court, and because those reports bearing upon Matthews' credibility were admitted into evidence, we find no abuse of the court's discretion in so limiting the cross-examination of this witness. Each of the cases relied upon by defendant is clearly distinguishable, in that the psychiatric testimony sought constituted a critical factor as to guilt or innocence (cf. People v. Rensing, 14 N.Y.2d 210, 250 N.Y.S.2d 401, 199 N.E.2d 489 People v. Baier, 73...
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People v. Ely
...without sufficient foundation and without proper redaction, the order of the Appellate Division affirming the judgment of conviction, 115 A.D.2d 171, 495 N.Y.S.2d 240, should be reversed and a new trial On February 6, 1982, Raymond Ely was to have commenced overnight visitation with his son......
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People v. Reyes
...v. Schwartzman, 24 N.Y.2d 241, 299 N.Y.S.2d 817, 247 N.E.2d 642, cert. den., 396 U.S. 846, 90 S.Ct. 103, 24 L.Ed.2d 96; People v. Ely, 115 A.D.2d 171, 495 N.Y.S.2d 240). The record herein does not support defendant's contention that the trial court improperly limited defense counsel's cross......
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People v. Ely
...without sufficient foundation and without proper redaction, the order of the Appellate Division affirming the judgment of conviction, 115 A.D.2d 171, 495 N.Y.S.2d 240, should be reversed and a new trial On February 6, 1982, Raymond Ely was to have commenced overnight visitation with his son......
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People v. Reyes
...v. Schwartzman, 24 N.Y.2d 241, 299 N.Y.S.2d 817, 247 N.E.2d 642, cert. den., 396 U.S. 846, 90 S.Ct. 103, 24 L.Ed.2d 96; People v. Ely, 115 A.D.2d 171, 495 N.Y.S.2d 240). The record herein does not support defendant's contention that the trial court improperly limited defense counsel's cross......