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PEOPLE v. CUMBERLAND

33 A.D.3d 483 (2006)

822 N.Y.S.2d 284

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CUMBERLAND, Appellant.

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

Decided October 19, 2006.

The court's conduct did not deprive defendant of a fair trial (see e.g. People v Gonzalez, 251 A.D.2d 51, 52-53 [1998], lv denied 92 N.Y.2d 982 [1998]).

While, in cross-examination of defendant about a knife found among his effects in his brother's apartment, the People should not have asked questions that assumed facts not yet in evidence, we find that the error does not warrant reversal in view of the court's instructions...

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