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The People of the State of New York, Respondent, v. Gilford Lovell, Appellant

New York Supreme Court, Appellate Division2004-11-15
12 A.D.3d 535783 N.Y.S.2d 864

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Opinion

majority opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered July 24, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the trial court deprived him of his right to present a defense by precluding him from calling a witness whom the defense counsel chose not to cross-examine when previously called as a witness for the prosecution (see People v Sawyer, 304 AD2d 775 [2003]).

The defendant received the effective assistance of counsel (see People v Benevento, 91 NY2d 708 [1998]). Florio, J.P., Krausman, Fisher and Lifson, JJ., concur.