PEOPLE v. PHILLIPS


258 A.D.2d 393 (1999)

683 N.Y.S.2d 851

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON PHILLIPS, Appellant.

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

Decided February 23, 1999.


The court's rulings regarding defendant's attempt to crossexamine the prosecution's ballistics expert through the use of hypothetical questions were proper exercises of discretion that did not interfere with defendant's attempt to convince the jury that the shooting was an accident. Rather, the court properly sustained objections to hypothetical questions that were not specifically premised on facts that the evidence fairly tended to support (see, People v Cruz,

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