People v. Reyes

• Decision Date: 17 April 1990
• Citation: 160 A.D.2d 471,554 N.Y.S.2d 143
• Parties: The PEOPLE of the State of New York, Respondent, v. Felix REYES, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 143

554 N.Y.S.2d 143

160 A.D.2d 471

The PEOPLE of the State of New York, Respondent, v. Felix REYES, Defendant-Appellant.

Supreme Court, Appellate Division,

First Department.

April 17, 1990.

D.J. Stermer, Massapequa, for respondent.

N.J. Sobchak, Flushing, for defendant-appellant.

Before KUPFERMAN, J.P., and MILONAS, ASCH, KASSAL and SMITH, JJ.

MEMORANDUM DECISION.

Judgment of the Supreme Court, Bronx County (Bonnie Wittner, J.), rendered on May 24, 1988, convicting defendant, following a jury trial, of second degree burglary, third degree robbery and sentencing him to concurrent prison terms of 5 to 10 years, 3- 1/2 to 7 years, is unanimously affirmed.

The nature and extent of cross-examination concerning witness credibility lies within the sound discretion of the trial court (People 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-examination of complainant, defendant's sister, regarding her alleged history of psychiatric and emotional problems. On the contrary, defense counsel was allowed to make inquiry as to the nature and reason for complainant's receipt of social security benefits, as well as a prior hospitalization, without having any medical documentation to provide a foundation for such questioning. Defendant's complaints with respect to alleged hearsay testimony and the arresting officer's purported improper bolstering of complainant's testimony are without merit (see Richardson on Evidence, § 200, p. 176 [Prince, 10th Ed.1985]; People v. Castro, 101 A.D.2d 392, 475 N.Y.S.2d 840, aff'd, 65 N.Y.2d 683, 491 N.Y.S.2d 623, 481 N.E.2d 255).