304 A.D.2d 775 757 N.Y.S.2d 766

The People of the State of New York, Respondent, v William Sawyer, Also Known as John Williams, Appellant.

*776[757 NYS2d 766]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered February 15, 2001, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court providently exercised its discretion in limiting his cross-examination of a detective regarding a purported motive to fabricate. While proof tending to establish a motive to fabricate is never collateral and may not be excluded on that ground, such proof may be excluded when it is too remote and speculative (see People v Hoover, 298 AD2d 599 [2002]).

There is no merit to the defendant’s contention that he was denied his right to present a defense because the trial court precluded certain questions regarding the detective’s investigation of the crime. The defendant had the opportunity to fully explore the detective’s alleged failure to conduct a proper investigation and the few questions which were not permitted were either repetitive or improperly called for speculative answers (see People v Devers, 296 AD2d 343 [2002]; People v Goodman, 280 AD2d 611 [2001]).

Finally, the trial court properly refused to admit into evidence the criminal court complaint containing prior inconsistent statements of the detective since the defendant failed to lay a proper foundation for its admission (see People v Duncan, 46 NY2d 74, 80-81 [1978], cert denied 442 US 910 [1979]; People v Sutton, 209 AD2d 456 [1994]). The defendant’s contention that any attempt to lay a foundation would have been futile is speculative. Altman, J.P., Goldstein, Luciano and H. Miller, JJ., concur.

People v. Sawyer
304 A.D.2d 775 757 N.Y.S.2d 766

Case Details

Name
People v. Sawyer
Decision Date
Apr 21, 2003
Citations

304 A.D.2d 775

757 N.Y.S.2d 766

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!