PEOPLE v. VELEZ (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. James VELEZ, Defendant-Appellant.

Decided: September 23, 1997

Before MURPHY, P.J., and SULLIVAN, ELLERIN and WILLIAMS, JJ.

Morrie I. Kleinbart, for respondent. Bruce A. Smirti, for defendant-appellant.

Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered June 18, 1996, convicting defendant, after a jury trial, of three counts of perjury in the first degree and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed. The matter is remanded to Supreme Court, New York County for further proceedings pursuant to CPL 460.50(5).

The court properly precluded defendant's attempt to impeach a witness concerning the witness's failure, at his own criminal trial, to volunteer testimony on certain subjects that were never brought out on direct or cross-examination (People v. Bornholdt, 33 N.Y.2d 75, 88, 350 N.Y.S.2d 369, 305 N.E.2d 461, cert. denied sub nom. Victory v. New York, 416 U.S. 905, 94 S.Ct. 1609, 40 L.Ed.2d 109; see also, People v. Brown, 235 A.D.2d 303, 653 N.Y.S.2d 301, lv. denied 89 N.Y.2d 1032, 659 N.Y.S.2d 862, 681 N.E.2d 1309).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network