People v. Fair

Concur—Stevens, P. J., Eager and Nunez, JJ.; McGivern and McNally, JJ., dissent in the following memorandum by McNally, J.: I would affirm the judgment of conviction. Cross-examination of the defendant was well within the bounds set out in People v. Alamo (23 N Y 2d 630). The Assistant District Attorney presented to the trial court fully and fairly the basis for his cross-examination of the defendant relative to the Marcus and Ferrusa incidents. The trial court found and the record fully substantiates the cross-examination was conducted upon a good-faith factual basis. I am aware that the…