People v Bennett
2008 NY Slip Op 03656 [50 AD3d 1047]
April 22, 2008
Appellate Division, Second Department
As corrected through Wednesday, June 18, 2008


The People of the State of New York,Respondent,
v
Fitzroy Bennett, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Benjamin D. Gold of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.),rendered October 17, 2006, convicting him of burglary in the first degree and assault in thesecond degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise itsdiscretion in limiting the defense counsel's cross-examination of the complainant as to prior badacts because counsel failed to establish a good-faith basis for this inquiry (see People v Olibencia, 45 AD3d607 [2007]; People v Dellarocco, 115 AD2d 904, 905 [1985]; cf. People vJones, 193 AD2d 696, 697 [1993]).

The defendant's remaining contention is without merit. Prudenti, P.J., Fisher, Miller andBalkin, JJ., concur.


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