People v. McCoy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s challenge to the trial court’s questioning during defense counsel’s cross-examination of a witness is unpreserved for appellate review (see People v Charleston, 56 NY2d 886, 888 [1982]; People v Rivers, 85 AD3d 826 [2011], lv denied 17 NY3d 821 [2011]; People v Bembury, 14 AD3d 575, 576 [2005]). In any event, while the court, at times, took an active role in the questioning during cross-examination, its conduct, “measured both qualitatively and quantitatively” (People v Yut Wai Tom, 53 NY2d 44, 55 [1981]), did not deprive the defendant of a fair trial (see People v Rivers, 85…
2Cases cited11 opinions
- People v. AshwalNew York Court of Appeals · 1976
- People v. RomeroNew York Court of Appeals · 2006
- People v. Yut Wai TomNew York Court of Appeals · 1981
- People v. CharlestonNew York Court of Appeals · 1982
- People v. TongeNew York Court of Appeals · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. BirotAppellate Division of the Supreme Court of the State of New York · 2012
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WeathersAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2021
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2020
2 more not listed; retrieve them via the Exa API.