People v. Green

Balletta, J.,

dissents and votes to affirm the judgment appealed from, in the following memorandum in which Thompson, J. P., concurs. I must respectfully disagree with my colleagues in the majority. This court recently stated that "[a]s a general proposition, a defendant is entitled to show the hostility of any witness who testifies against him * * * (see, People v McDowell, 9 NY2d 12, 15). However, '[t]he extent to which an examination may go for the purpose of proving the hostility of a witness must be, to some extent, at least, within *467the discretion of the trial judge’ (People v Brooks, 131…