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People v. Laboy

202 A.D.2d 325 Court N.Y. App. Div. Decision date 1994-03-22 English

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p. 325
The People of the State of New York, Respondent, v Jose Laboy, Appellant.
[609 NYS2d 211]

—Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered November 17, 1992, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8 Vs to 25 years, unanimously affirmed.

We perceive no abuse of discretion in the court’s limitation of defendant’s attempts to impeach the eyewitness. Specifically, the court’s preclusion of impeachment by means of a "prior inconsistent statement”, the details of which were uncertain and susceptible to distortion, was an appropriate exercise of discretion (People v Duncan, 46 NY2d 74 , 81, cert denied 442 US 910 ).

The court also properly exercised its discretion in preventing the defense summation from straying from the evidence (see, People v Charles, 61 NY2d 321 , 329). Finally, the court did not display bias merely because it repeatedly made proper rulings adverse to defendant (see, People v Martinez, 183 AD2d 485 ). Concur — Rosenberger, J. P., Kupferman, Rubin and Williams, JJ.

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