# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · May 8, 1995 · 215 A.D.2d 492

URL: https://www.frixlaw.com/law-library/cases/5989906

## Case

- **Full name:** The People of the State of New York v. Cecil Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 8, 1995
- **Citations:** 215 A.D.2d 492; 627 N.Y.S.2d 564; 1995 N.Y. App. Div. LEXIS 4878
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5989906

## Opinion text

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered June 10, 1993, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
"Before a defense witness may be cross-examined regarding his or her failure to provide law enforcement authorities with exculpatory information attested to at trial, certain foundational requirements must be met” (People v Pittman, 187 AD2d 679 ; see, People v Dawson, 50 NY2d 311, 321, n 4 ). The prosecutor in this case failed to comply with the foundational requirements set forth by the Court of Appeals in People v Dawson (supra) prior to cross-examining the defense witness. *493 However, the error was harmless since there is no significant probability that the jury would have acquitted the defendant had the error not occurred (see, People v Ayala, 75 NY2d 422, 431 ; People v Crimmins, 36 NY2d 230, 241-242 ).
The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Miller, J. P., Pizzuto, Joy and Krausman, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5989906. Public record. Not legal advice.