Appellate Division of the Supreme Court of New York, 1998

People v. Providence

People v. Providence
Appellate Division of the Supreme Court of New York · Decided July 13, 1998
252 A.D.2d 533; 675 N.Y.S.2d 293; 1998 N.Y. App. Div. LEXIS 8236
People v. Providence

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered December 11, 1995, convicting him of robbery in the first degree (three counts), criminal possession of a weapon in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court did not improvidently exercise its discretion by declining to instruct the jury that counsel for both sides had the right to prepare their respective witnesses to testify at trial. Attacking the credibility of witnesses by exploring the extent to which opposing counsel has gone to prepare them to testify is not improper per se (see, People v Galloway, 54 NY2d 396, 399). Here, upon consideration of the questions of the prosecutor in the context of the record as a whole, we cannot say that the trial court improvidently exercised its discretion by failing to give the requested charge. Bracken, J. P., Pizzuto, Altman and Luciano, JJ., concur.

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