Public-domain · open source
OpenJurist

12 A.D.3d 454

People v. Bethea

Appellate Division of the Supreme Court of the State of New York · decided 2004-11-08

Decided 2004-11-08

¶1*455Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered October 23, 2002, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3Despite the defendant’s contention to the contrary, he was not deprived of his right to testify before the grand jury as a result of the prosecutor’s interruptions during his grand jury appearance, since the prosecutor simply prevented him from testifying on a variety of topics that were not relevant to the facts of this case or the grand jury’s investigation (see People v Smith, 199 AD2d 348 [1993], affd 84 NY2d 998 [1994]; People v Valvano, 186 AD2d 769 [1992]).

¶4The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

¶5The defendant’s remaining contention is without merit. S. Miller, J.P., Schmidt, Mastro and Fisher, JJ., concur.

/12/ad3d/454 · .json · Public domain