Opinion
December 7, 1989
Appeal from the Supreme Court, Bronx County (George D. Covington, J.).
While the photo identification procedure was questionable (see, People v Hall, 81 A.D.2d 644; People v Tindal, 69 A.D.2d 58), the subsequent lineup procedure was proper, and sufficiently attenuated in time from the photo identification 5 1/2 weeks earlier as to be untainted by any prior procedural irregularities (People v Torres, 137 A.D.2d 734). The trial court's rulings on adjournments were within the sound exercise of its discretion (Matter of Anthony M., 63 N.Y.2d 270, 283) and should remain undisturbed. With regard to the child's testimony, the collateral issue rule bars a cross-examiner from offering evidence contradicting the cross-examined police sergeant on the collateral issue of an identifying scar. (See, People v Catalanotte, 36 N.Y.2d 192.)
Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Rosenberger, JJ.