PEOPLE v. TAYLOR (1997)

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

The PEOPLE of the State of New York, Respondent, v. Leonard TAYLOR, Defendant-Appellant.

Decided: April 15, 1997

Before ROSENBERGER, J.P., and ELLERIN, NARDELLI and TOM, JJ.

Michael Maxwell, for Respondent. Antonia M. Apps, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered January 13, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 41/212 to 9 years, 41/212 to 9 years, and 3 to 6 years, respectively, unanimously affirmed.

The court properly exercised its discretion in restricting the scope of defense counsel's re-cross-examination of the undercover detective concerning his eyeglass prescription, where the jury was already aware that the witness was nearsighted and was not wearing his glasses during the buy and bust operation (see, People v. Arhin, 203 A.D.2d 62, 63, 609 N.Y.S.2d 604).

MEMORANDUM DECISION.

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