Opinion
2000-10463
Argued October 31, 2002.
November 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered November 3, 2000, convicting him of attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly excluded seven of the defendant's alibi witnesses, one of which was the defendant's mother, from the courtroom during the defendant's testimony. These witnesses were subject to recall at the conclusion of the defendant's testimony (see Geders v. United States, 425 U.S. 80).
The cross-examination of a defendant about a pending unrelated criminal charge to impeach his credibility is generally prohibited except, when, as here, the defendant's own assertions open the door to such questioning (see People v. Fardan, 82 N.Y.2d 638, 646).
The Supreme Court properly denied the defendant's post-verdict motion to set aside the judgment of conviction based upon newly-discovered evidence (see People v. Salemi, 309 N.Y. 208, cert denied 350 U.S. 950; People v. Taus, 280 A.D.2d 499).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.