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People v. Dengler

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 847 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the County Court, Westchester County (Colabella, J.).


Judgment affirmed.

The Trial Judge was not bound to use the specific language requested by defendant's attorney and the charge read as a whole adequately apprised the jury of the governing legal principles ( People v. Dory, 59 N.Y.2d 121, 129; United States v. Miller, 460 F.2d 582, 588; People v. Zuziela, 98 A.D.2d 161, 165).

Since the jury was presented with other impeaching evidence concerning a prior shoplifting incident, the erroneous preclusion of further cross-examination concerning the fact that the victim received an adjournment in contemplation of dismissal was harmless, and did not deprive defendant of a fair trial ( cf. People v. Allen, 67 A.D.2d 558, affd 50 N.Y.2d 898).

The other contentions raised by defendant have been considered to the extent preserved and have been found to be without merit. Mollen, P.J., Titone, Lazer and Thompson, JJ., concur.


Summaries of

People v. Dengler

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 847 (N.Y. App. Div. 1985)
Case details for

People v. Dengler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTINE DENGLER…

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

Date published: Mar 18, 1985

Citations

109 A.D.2d 847 (N.Y. App. Div. 1985)

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