People v. Sul

Decision Date23 December 1996
Citation652 N.Y.S.2d 57,234 A.D.2d 563
PartiesThe PEOPLE, etc., Respondent, v. Heung K. SUL, Appellant.
CourtNew York Supreme Court — Appellate Division

Laurie S. Hershey, Garden City, (Anthony La Pinta, of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, (John M. Castellano, Linda Cantoni and Arthur J. Burke, of counsel), for respondent.

Before COPERTINO, J.P., and JOY, KRAUSMAN and McGINITY, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 20, 1995, convicting him of robbery in the first degree, robbery in the second degree (two counts), burglary in the first degree (two counts), and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's assertions, the trial court did not err by restricting the cross examination of prosecution witnesses regarding their motive to falsify. The trial court has broad discretion to limit cross examination when questions are repetitive, irrelevant or only marginally relevant, concern collateral issues, or threaten to mislead the jury (see, Delaware v. Van Arsdall, 475 U.S. 673, 679, 106 S.Ct. 1431, 1435, 89 L.Ed.2d 674; People v. McGriff, 201 A.D.2d 672, 673, 607 N.Y.S.2d 980). The trial court did not improvidently exercise its discretion here.

Nor did the trial court err in refusing to charge the jury that the alleged fortune-telling...

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2 cases
  • People v. Caldwell
    • United States
    • New York Supreme Court — Appellate Division
    • March 19, 2014
    ...239;People v. Castellanos, 65 A.D.3d 555, 556, 884 N.Y.S.2d 126;People v. Goodman, 280 A.D.2d 611, 720 N.Y.S.2d 534;People v. Heung K. Sul, 234 A.D.2d 563, 652 N.Y.S.2d 57;People v. Ashner, 190 A.D.2d 238, 597 N.Y.S.2d 975). The defendant's contention that the prosecutor committed prosecuto......
  • People v. Sul
    • United States
    • New York Court of Appeals Court of Appeals
    • February 18, 1997
    ...744 656 N.Y.S.2d 744 89 N.Y.2d 986, 678 N.E.2d 1360 People v. Heung K. Sul Court of Appeals of New York Feb 18, 1997 Smith, J. 234 A.D.2d 563, 652 N.Y.S.2d 57 App.Div. 2, Queens Denied. ...
12 books & journal articles
  • Repetitive Questions
    • United States
    • James Publishing Practical Law Books Archive Is It Admissible? - 2016 Part I - Testimonial Evidence
    • August 2, 2016
    ...far beyond the scope of the hearing and becomes repetitive, precluding such questions is not an abuse of discretion. See People v. Sul , 652 N.Y.S.2d 57 (N.Y.A.D. 2 Dept. 1996) and People v. Johnson , 568 N.Y.S.2d 611 (N.Y.A.D. 1 Dept. 1991). The trial court did not abuse its discretion in ......
  • Repetitive Questions
    • United States
    • James Publishing Practical Law Books Archive Is It Admissible? - 2015 Part I - Testimonial Evidence
    • July 31, 2015
    ...far beyond the scope of the hearing and becomes repetitive, precluding such questions is not an abuse of discretion. See People v. Sul , 652 N.Y.S.2d 57 (N.Y.A.D. 2 Dept. 1996) and People v. Johnson , 568 N.Y.S.2d 611 (N.Y.A.D. 1 Dept. 1991). The trial court did not abuse its discretion in ......
  • Repetitive questions
    • United States
    • James Publishing Practical Law Books Is It Admissible? Part I. Testimonial Evidence
    • May 1, 2022
    ...far beyond the scope of the hearing and becomes repetitive, precluding such questions is not an abuse of discretion. See People v. Sul , 652 N.Y.S.2d 57 (N.Y.A.D. 2 Dept. 1996) and People v. Johnson , 568 N.Y.S.2d 611 (N.Y.A.D. 1 Dept. 1991). The trial court did not abuse its discretion in ......
  • Table of Cases
    • United States
    • August 2, 2016
    ...People v. Stamper , 480 Mich. 1, 742 N.W.2d 607 (2007), §5.407 People v. Stiles, 692 P.2d 1124 (Colo. App. 1984), §5.405 People v. Sul, 652 N.Y.S.2d 57 (N.Y.A.D. 2 Dept. 1996), §10.500 People v. Sykes , 972 N.E.2d 1272 (Ill.App., 2012), §§11.400, 36.301, 44.400 People v. Tarsia, 67 A.D.2d 2......
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