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People v. Thomas

224 A.D.2d 462 Court N.Y. App. Div. Decision date 1996-02-05 English

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p. 462
The People of the State of New York, Respondent, v Darren Thomas, Appellant.
[638 NYS2d 328]

—Appeal by the de

p. 463
fendant from a judgment of the Supreme Court, Richmond County (Vinik, J.), rendered October 29, 1993, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in excluding a defense witness (see, People v Justice, 172 AD2d 851 ). Furthermore, the prosecutor properly cross-examined another defense witness because the record shows that she had a good faith basis for the questioning (see, People v De Pasquale, 54 NY2d 693 ; People v Lewis, 140 AD2d 714 ).

We find no basis to disturb the defendant’s sentence (see, People v Suitte, 90 AD2d 80 ). Mangano, P. J., Copertino, Joy and Altman, JJ., concur.

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