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People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 643 (N.Y. App. Div. 1991)

Opinion

June 10, 1991

Appeal from the Supreme Court, Kings County (Quinones, J.).


Ordered that the judgment is affirmed.

On his direct examination, the defendant testified that the instant incident occurred while he was on parole, and that the arresting officer decided to arrest him only after the officer learned that the defendant was on parole. Therefore, the trial court did not improvidently exercise its discretion by permitting the prosecutor to attack the defendant's credibility on cross examination by asking him a few questions concerning the effect of a conviction in this case on his parole status (see, People v Chaitin, 61 N.Y.2d 683, 684-685; People v Brown, 157 A.D.2d 790, 791; People v Watts, 154 A.D.2d 723, 724; People v McCullough, 141 A.D.2d 856, 858; cf., People v Astacio, 131 A.D.2d 684).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05), and in any event, are without merit. Kunzeman, J.P., Kooper, Sullivan and Lawrence, JJ., concur.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 643 (N.Y. App. Div. 1991)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSVALDO GARCIA VARGAS…

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

Date published: Jun 10, 1991

Citations

174 A.D.2d 643 (N.Y. App. Div. 1991)