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PEOPLE v. BAILEY

271 A.D.2d 370 (2000)

707 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN BAILEY, Appellant.

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

Decided April 27, 2000.

Defendant was not deprived of a fair trial by the court's preclusion of cross-examination of the arresting officer concerning the lack of effort by the People to locate, as a potential prosecution witness, the buyer in this observation sale case. This issue was entirely collateral, since there was no reason to expect the People to call the buyer in the first place (see, People v Tamayo, 256 A.D.2d 98, lv denied 93 N.Y.2d 979...

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