From Casetext: Smarter Legal Research

People v. Howard

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 303 (N.Y. App. Div. 1993)

Opinion

April 1, 1993

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


Defendant failed to preserve any claim of error by the trial court regarding its participation in the questioning of the complainant and defendant by appropriate and timely objection (CPL 470.05). In any event, the participation complained of constituted an appropriate exercise of discretion to encourage clarity, rather than obscurity, in the development of proof, without conveying any opinion of the court (People v Moulton, 43 N.Y.2d 944, 945). In this connection, we note that the trial court also appropriately exercised its discretion in precluding repetitive questioning on cross-examination (People v Sorge, 301 N.Y. 198, 201-202).

We have considered defendant's additional claims of error and find them to be both unpreserved and without merit.

Concur — Murphy, P.J., Carro, Ellerin, Kupferman and Asch, JJ.


Summaries of

People v. Howard

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1993
192 A.D.2d 303 (N.Y. App. Div. 1993)
Case details for

People v. Howard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL HOWARD…

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

Date published: Apr 1, 1993

Citations

192 A.D.2d 303 (N.Y. App. Div. 1993)
595 N.Y.S.2d 690

Citing Cases

People v. Soto

Defense counsel's omission to request a bill of particulars did not deprive defendant of effective assistance…

People v. Mercer

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.). The trial court properly declined to…