210 A.D.2d 500 620 N.Y.S.2d 992

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

[620 NYS2d 992]

—Appeal by the defendant (1) from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered August 13, 1991, convicting him of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree under Indictment No. 4827/90, upon a jury verdict, and imposing sentence, and (2) from an amended judgment of the same court, also rendered August 13, 1991, revoking a sentence of probation previously imposed by the same court (Chetta, J.), upon a finding that he had violated a condition thereof, upon his admission, and imposing a sen*501tence of imprisonment upon his previous convictions of attempted robbery in the second degree and attempted assault in the first degree under Indictment No. 1837/89.

Ordered that the judgment and amended judgment are affirmed.

Contrary to the defendant’s contention, it was proper for the prosecutor to cross-examine him with respect to omissions in his post-arrest statements to the police. "If defendant testifie[s] * * * and offer[s] an exculpatory explanation not offered previously, his conduct during police questioning [is] admissible on cross-examination to impeach credibility” (People v Aponte, 180 AD2d 910; see, People v Savage, 50 NY2d 673, cert denied 449 US 1016; People v Bishop, 206 AD2d 884).

The defendant’s sentences were neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Lawrence, Ritter and Joy, JJ., concur.

People v. Edwards
210 A.D.2d 500 620 N.Y.S.2d 992

Case Details

Name
People v. Edwards
Decision Date
Dec 27, 1994
Citations

210 A.D.2d 500

620 N.Y.S.2d 992

Jurisdiction
New York

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