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People v. Jones

173 A.D.2d 735 Court N.Y. App. Div. Decision date 1991-05-28 English

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The People of the State of New York, Respondent, v Lonnie Jones, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered September 25, 1989, convicting him of attempted robbery in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

Contrary to the defendant’s contention, the trial court did not improvidently exercise its discretion in limiting defense counsel’s cross-examination of the complainant insofar as counsel failed to establish a good faith basis for his inquiry into extraneous matters (see, La Beau v People, 34 NY 223 ; People v Kass, 25 NY2d 123 ; People v Schwartzman, 24 NY2d 241 , remittitur amended 24 NY2d 914 , cert denied 396 US 846 ). The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]; People v

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Medina, 53 NY2d 951 ; People v Palemon, 131 AD2d 513 ; see also, People v McGee, 152 AD2d 601 ; People v Burns, 118 AD2d 864 ) or without merit, and we decline to address the unpreserved issues in the exercise of our interest of justice jurisdiction. Mangano, P. J., Bracken, Brown and Balletta, JJ., concur.

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