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People v. Macon

256 A.D.2d 134 Court N.Y. App. Div. Decision date 1998-12-15 English

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Majority

p. 134
The People of the State of New York, Respondent, v Lamont Macon, Appellant.
[683 NYS2d 494]

—Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered January 8, 1997, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of SVs to 25 years, unanimously affirmed.

The prosecutor’s proper cross-examination of defendant concerning his employment, which inquiry resulted in defendant’s unexpected admission of prior drug involvement, was not a violation of the court’s Sandoval ruling.

The court properly exercised its discretion in limiting cross-examination of the complainant by precluding defendant from questioning him about his alleged participation in a murder 10 or 12 years earlier for which someone else had been convicted. Defendant’s offer of proof was inadequate and lacked a good faith basis in that it was speculative and based upon totally unreliable rumor (see, People v Hargrove, 213 AD2d 492 , lv denied 87 NY2d 846 ).

We have considered and rejected defendant’s other claims. Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.