People v. Abreu — 278 A.D.2d 424

Majority

p. 424

The People of the State of New York, Respondent, v Ramon Abreu, Appellant.

[718 NYS2d 635]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered November 19, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly precluded a defense witness from testifying about collateral matters intended merely to impeach the credibility of a prosecution witness (see, People v Aska, 91 NY2d 979 , 981; People v Johnson, 143 AD2d 847 , 848).

The trial court’s failure to submit the affirmative defense of extreme emotional disturbance to the jury did not constitute reversible error (see, People v White, 79 NY2d 900 ; People v Walker, 64 NY2d 741 ). Florio, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

Cases cited

People v. Aska 91 NY2d 979 N.Y. 1998-05-05 at 981 p. 424
People v. Johnson 143 AD2d 847 N.Y. App. Div. 1988-10-17 at 848 p. 424
People v. White 79 NY2d 900 N.Y. 1992-02-25 p. 424
People v. Walker 64 NY2d 741 N.Y. 1984-12-27 p. 424