PEOPLE v. FRANCIS (1999)

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

The PEOPLE, etc., respondent, v. Carson FRANCIS, appellant.

Decided: October 04, 1999

DANIEL W. JOY, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ.

Robert DiDio, Kew Gardens, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Elizabeth Brownstein-Thomas of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 27, 1997, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court properly precluded the defendant from using the Grand Jury testimony of the undercover officer to impeach that officer at trial. The Grand Jury minutes demonstrate that the officer was not specifically questioned as to the subject matter that was to be the basis of the impeachment (see, People v. Bornholdt, 33 N.Y.2d 75, 88-89, 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; People v. Gonzalez, 244 A.D.2d 422, 423, 664 N.Y.S.2d 70).

The remaining claims of prosecutorial misconduct are unpreserved for appellate review and, in any event, are without merit.

MEMORANDUM BY THE COURT.

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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law