People v. Hemphill

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: ELLERIN
• Citation: People v. Hemphill, 669 N.Y.S.2d 209, 247 A.D.2d 339 (N.Y. App. Div. 1998)
• Decision Date: 26 February 1998
• Parties: 1998 N.Y. Slip Op. 2084 The PEOPLE of the State of New York, Respondent, v. John HEMPHILL, Defendant-Appellant.

Page 209

669 N.Y.S.2d 209

1998 N.Y. Slip Op. 2084

The PEOPLE of the State of New York, Respondent, v. John HEMPHILL, Defendant-Appellant.

Supreme Court of New York, Appellate Division First Department.

Feb. 26, 1998.

Richard Nahas, for respondent.

Margaret A. Helen MacFarlane, for defendant-appellant.

Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered September 9, 1993, convicting defendant, after a jury trial, of robbery in the first degree (two counts), robbery in the second degree, assault in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a persistent felony offender, to concurrent terms of 25 years to life on each conviction, unanimously affirmed.

The trial court properly exercised its discretion in restricting defendant's recross-examination of one of the People's police witnesses since defendant's examination went beyond the People's inquiry on redirect (People v. Bethune, 105 A.D.2d 262, 269, 484 N.Y.S.2d 577, lv. denied 64 N.Y.2d 1016; see also, Matter of Morlin R., 236 A.D.2d 201, 653 N.Y.S.2d 331). In any event, defendant was accorded sufficient scope of inquiry concerning the subject in question and the court's restrictions on recross-examination caused no prejudice.

On the existing record, which defendant has not sought to amplify by way of a CPL article 440 motion raising this issue (see, People v. Love, 57 N.Y.2d 998, 457 N.Y.S.2d 238, 443 N.E.2d 486), we conclude that defendant has failed to demonstrate "the absence of strategic or other legitimate explanations" for counsel's conduct (People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698) or that but for counsel's purported errors, the result of the proceeding would have been different (People v. Hobot, 84 N.Y.2d...