The People, etc., respondent, v. Cesar Salgado, appellant. (2010)

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

The People, etc., respondent, v. Cesar Salgado, appellant.

2007-05879 (Ind.No. 1328 /06)

Decided: February 09, 2010

REINALDO E. RIVERA, J.P. THOMAS A. DICKERSON CHERYL E. CHAMBERS L. PRISCILLA HALL, JJ.

Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Cafferri, and William H. Branigan of counsel), for respondent.

Argued-January 15, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered June 5, 2007, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The nature and extent of cross-examination is subject to the sound discretion of the Trial Judge (see People v. Schwartzman, 24 N.Y.2d 241, 244, cert denied 396 U.S. 846). Here, contrary to the defendant's contention, defense counsel's cross-examination of the complainant was not improperly curtailed or restricted (see People v. Macuil, 67 AD3d 1025; People v. Martin, 33 AD3d 1024).

Moreover, the Supreme Court properly precluded the defendant from displaying certain scarring on his legs to the jury (see generally People v. Aska, 91 N.Y.2d 979, 981; People v. Bowen, 67 AD3d 1022; People v. Martin, 27 AD3d 665).

RIVERA, J.P., DICKERSON, CHAMBERS and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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