PEOPLE v. PLUMEY


255 A.D.2d 462 (1998)

680 N.Y.S.2d 861

The People of the State of New York, Respondent, v. Frank Plumey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 16, 1998


Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion by limiting the defendant's cross-examination of the victim about collateral, irrelevant matters (see, People v McGriff, 201 A.D.2d 672).

Since the defendant was convicted of assault in the first degree under Penal Law § 120.10 (3) (depraved indifference assault), the jury never reached the lesser-included...

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