Opinion
Argued April 27, 1999
June 7, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 2, 1996, convicting him of criminal contempt in the first degree (three counts) under Indictment No. 11399/95, upon a jury verdict, and imposing sentence, and a purported appeal from a judgment of the same court, also rendered April 2, 1996, convicting him of assault in the second degree under Indictment No. 11401/95, upon his plea of guilty, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (William B. Carney of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Rhea A. Grob of counsel), for respondent.
GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the purported appeal from the judgment under Indictment No. 11401/95 is dismissed. as the defendant did not file a notice of appeal from that judgment; and it is further,
ORDERED that the judgment under Indictment No. 11399/95 is affirmed.
The defendant's contention that the Supreme Court improperly limited his cross-examination of the complainant at his trial under Indictment No. 11399/95 is unpreserved for appellate review ( see, CPL 470.05; People v. George, 67 N.Y.2d 817). In any event, this claim is without merit. A trial court is permitted wide latitude in ruling on the scope of examination, and its rulings are not to be disturbed absent an improvident exercise of discretion ( see, People v. Ashner, 190 A.D.2d 238; People v. Cruz, 158 A.D.2d 329).
The sentences imposed for the convictions of criminal contempt in the first degree were neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
Since the defendant never filed a notice of appeal from the judgment rendered under Indictment No. 11401/95, his purported appeal from that judgment must be dismissed. In any event, his contentions relating to that judgment are without merit.