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The People of the State of New York, Respondent, v. Everton Blythe, Appellant

New York Supreme Court, Appellate Division1999-06-22
262 A.D.2d 199691 N.Y.S.2d 768

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Opinion

majority opinion

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered April 19, 1996, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 8 Vs to 25 years and 10 to 20 years, respectively, unanimously affirmed.

A review of defendant’s cross-examination of the eyewitness clearly establishes that defendant opened the door to the challenged testimony concerning a photographic identification (see, People v Melendez, 55 NY2d 445).

We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.