People v. Thomas

• Decision Date: 05 February 1996
• Citation: 224 A.D.2d 462,638 N.Y.S.2d 328
• Parties: The PEOPLE, etc., Respondent, v. Darren THOMAS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 328

638 N.Y.S.2d 328

224 A.D.2d 462

The PEOPLE, etc., Respondent, v. Darren THOMAS, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Feb. 5, 1996.

Ursula Bentele, Brooklyn (Michael V. Cibella, of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island (Elva Feliciano and Michael K. Degree, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Vinik, J.), rendered October 29, 1993, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court providently exercised its discretion in excluding a defense witness (see, People v. Justice, 172 A.D.2d 851, 569 N.Y.S.2d 456). Furthermore, the prosecutor properly cross-examined another defense witness because the record shows that she had a good faith basis for the questioning (see, People v. De Pasquale, 54 N.Y.2d 693, 442 N.Y.S.2d 973, 426 N.E.2d 467; People v. Lewis, 140 A.D.2d 714, 528 N.Y.S.2d 893).

We find no basis to disturb the defendant's sentence (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

MANGANO, P.J., and COPERTINO, JOY and ALTMAN, JJ., concur.