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People v. Wen Lung Ho

228 A.D.2d 317 Court N.Y. App. Div. Decision date 1996-06-20 English

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p. 317
The People of the State of New York, Respondent, v Wen Lung Ho, Appellant.
[644 NYS2d 617]

Defendant’s claim that the trial court unduly restricted his cross-examination of witnesses is unpreserved. Defendant did nothing to call the trial court’s attention to the purposes of the precluded questions (People v George, 67 NY2d 817 ), and failed to express to the trial court the theory of admissibility advanced on appeal (People v Lyons, 81 NY2d 753 ). In any event, if we were to review the claim in the interest of justice, we would find that the court’s rulings did not deprive defendant of a fair trial by hindering his ability to present his defenses, and were otherwise proper exercises of discretion (People v Schwartzman, 24 NY2d 241 , 244, cert denied 396 US 846 ). Concur—Murphy, P. J., Milonas, Wallach, Ross and Nardelli, JJ.

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