People v Salgado
2010 NY Slip Op 00996 [70 AD3d 864]
February 9, 2010
Appellate Division, Second Department
As corrected through Wednesday, March 31, 2010


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

[*1]Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Cafferri, and William H. Branigan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum,J.), rendered June 5, 2007, convicting him of assault in the second degree and criminalpossession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The nature and extent of cross-examination is subject to the sound discretion of the trialjudge (see People v Schwartzman, 24 NY2d 241, 244 [1969], cert denied 396 US846 [1969]). Here, contrary to the defendant's contention, defense counsel's cross-examination ofthe complainant was not improperly curtailed or restricted (see People v Macuil, 67 AD3d 1025 [2009]; People v Martin, 33 AD3d 1024[2006]).

Moreover, the Supreme Court properly precluded the defendant from displaying certainscarring on his legs to the jury (see generally People v Aska, 91 NY2d 979, 981 [1998];People v Bowen, 67 AD3d1022 [2009]; People v Martin,27 AD3d 665 [2006]). Rivera, J.P., Dickerson, Chambers and Hall, JJ., concur.


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