People v. Antonetty, 268 A.D.2d 254 (N.Y. App. Div. 1st Dep't 2000). · Go Syfert
People v. Antonetty, 268 A.D.2d 254 (N.Y. App. Div. 1st Dep't 2000). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Cited for
At page 254 “To the extent that defendant’s proffer sought to elicit prior bad acts, we find that defendant did not establish a sufficient good faith basis for such impeachment (see, People v Hudy, 73 NY2d 40, 56; People v Melcherts, 225 AD2d 357, lv denied 88 NY2d 881).”1 citing casethe opinion's own words at *254
  • Matter of Alijah S. (Daniel S.), 133 A.D.3d 555 (N.Y. App. Div. 1st Dep't 2015).published
    Family Court providently exercised its discretion in limiting the scope of cross-examination on collateral matters related to the child’s credibility (People v Antonetty, 268 AD2d 254, 254 [1st Dept 2000], lv denied 94 NY2d 945 [2000]).
At page 255 The challenged portions of the prosecutor’s summation were generally responsive to the defense summation and trial tactics and do not warrant reversal (see,…1 citing caseopening of page *255 (no citing court says what it cites this page for)
  • People v. Jackson, 151 A.D.3d 746 (N.Y. App. Div. 2d Dep't 2017).published
    However, since the defendant did not assert a constitutional right to the evidence at trial, his constitutional claims are unpreserved for appellate review (see People v Simmons, 106 AD3d 1115, 1116 [2013]; People v Antonetty, 268 AD2d 254…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
George Antonetty
Appellate Division of the Supreme Court of the State of New York.
Jan 11, 2000.
Published opinion
268 A.D.2d 254
2000 N.Y. App. Div. LEXIS 336
Cited by 9 opinions  |  Published

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered June 4, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first and third degrees and, sentencing him, as a second felony offender, to concurrent terms of 15 years to life and 5 to 10 years, respectively, unanimously affirmed.

The court properly exercised its discretion in limiting cross-examination of a police witness on collateral matters relating to his credibility. Defendant sought only to elicit accusations against the officer, and accusations are not the proper subject of impeachment (People v Miller, 91 NY2d 372, 380). To the extent that defendant’s proffer sought to elicit prior bad acts, we find that defendant did not establish a sufficient good faith basis for such impeachment (see, People v Hudy, 73 NY2d 40, 56; People v Melcherts, 225 AD2d 357, lv denied 88 NY2d 881). Defendant’s claim that the court improperly denied his request to review the police officer’s personnel file is unpreserved since defense counsel failed to alert the court that there had been no ruling on his application (see, People v Henriquez, 246 AD2d 427, lv denied 91 NY2d 942). Rather than being denied, the application had been referred to the trial court by another Justice. In any event, defendant was not entitled to review the file since there was no showing that it was “ ‘reasonably likely’ that the contents of the file would ‘directly bear on the hard issue of guilt or innocence’ ” (People v Valentine, 160 AD2d 325, lv denied 76 NY2d 797, quoting People v Gissendanner, 48 NY2d 543, 550). To the extent that defendant is raising a constitutional claim with respect to any aspect of his efforts to impeach the officer, such claim is unpreserved and we decline to review it in the interest of justice. Were we to do so, we would reject the argument that the exclusion of the purportedly impeaching material constituted an impermissible limitation of defendant’s right of confrontation.

[*255] The challenged portions of the prosecutor’s summation were generally responsive to the defense summation and trial tactics and do not warrant reversal (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D’Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). The court’s identification charge was sufficiently balanced (see, People v Culhane, 45 NY2d 757). Defendant’s remaining contentions are unpreserved and without merit. Concur—Williams, J. P., Mazzarelli, Wallach, Andrias and Friedman, JJ.