People v. Yates

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC YATES, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 4, 1993

191 A.D.2d 195 (N.Y. App. Div. 1993)

595 N.Y.S.2d 675

Opinion

March 4, 1993

Appeal from the Supreme Court, New York County (Richard D. Carruthers, J.).

Defendant's argument that the trial court improperly limited his cross-examination of the undercover officer concerning police "sweeps" is unpreserved for appellate review, there being nothing in the record to explain the relevance and materiality of this proposed line of inquiry (People v. Trinidad, 177 A.D.2d 286, lv denied 79 N.Y.2d 865). If we were to review in the interest of justice, we would find that the trial court did not abuse its discretion (supra) and that it afforded defense counsel sufficient scope within which to prove its defense.

Concur — Murphy, P.J., Carro, Rosenberger and Ross, JJ.