People v. Johnson

Decision Date17 February 1994
Citation607 N.Y.S.2d 351,201 A.D.2d 384
PartiesThe PEOPLE of the State of New York, Respondent, v. Thomas JOHNSON, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Before CARRO, J.P., and WALLACH, ROSS, RUBIN and WILLIAMS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered April 20, 1992, convicting defendant after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 to 14 years, unanimously affirmed.

Defendant was apprehended a few blocks from the crime scene shortly after the commission of the crime. Defendant claimed to have provided an alibi explanation to a police officer--from the Career Criminal Unit--but sought to elicit testimony in support of his alibi from one of the arresting officers. Defendant never established that the officer had received a statement, or had been informed of defendant's putative exculpatory statement. When the court restricted this cross-examination of the officer, defendant did not further challenge the ruling, and thus defendant's present claim is unpreserved for review (People v. Clarke, 81 N.Y.2d 777, 593 N.Y.S.2d 784, 609 N.E.2d 137), and we decline to review it in the interest of justice. We note, however, that defendant had ample opportunity to present his alibi defense at trial, and restricting cross-examination of this police officer concerning matters not within his knowledge did not restrict defendant's ability to present his defense.

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4 cases
  • People v. Dominguez
    • United States
    • New York Supreme Court — Appellate Division
    • December 5, 1994
    ...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 s......
  • Anibal P., Matter of
    • United States
    • New York Supreme Court — Appellate Division
    • December 2, 1996
    ...improper restriction of the cross-examination never arose and, thus, is unpreserved for appellate review (see, People v. Johnson, 201 A.D.2d 384, 384-385, 607 N.Y.S.2d 351; People v. Dunbar, 145 A.D.2d 501, 535 N.Y.S.2d In any event, the record does not support the assertion that the Family......
  • People v. Reid
    • United States
    • New York Supreme Court — Appellate Division
    • February 17, 1994
  • People v. Johnson
    • United States
    • New York Court of Appeals Court of Appeals
    • April 25, 1994
    ...N.Y.S.2d 133 83 N.Y.2d 873, 635 N.E.2d 302 People v. Johnson (Thomas) Court of Appeals of New York Apr 25, 1994 Bellacosa, J. 201 A.D.2d 384, 607 N.Y.S.2d 351 App.Div. 1, New York Denied. ...

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