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People v. Cavines

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1987
129 A.D.2d 805 (N.Y. App. Div. 1987)

Opinion

April 27, 1987

Appeal from the Supreme Court, Queens County (Chetta, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, and assuming that the jury credited the prosecution's witnesses and gave the prosecution's evidence the full weight that might reasonably be accorded it, the evidence adduced was sufficient to support a finding that the gun at issue was operable beyond a reasonable doubt.

The defendant did not meet his burden of proving that the prejudicial effect of permitting the prosecution to question him regarding a 1968 conviction for attempted manslaughter if he chose to testify far outweighed the probative worth of that evidence on the issue of his credibility (see, People v Sandoval, 34 N.Y.2d 371; People v Reyes, 121 A.D.2d 575, lv denied 68 N.Y.2d 917). Thus, the court's Sandoval ruling did not constitute an abuse of discretion.

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05; People v Vidal, 26 N.Y.2d 249), and we decline to reach them in the interest of justice. Brown, J.P., Niehoff, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Cavines

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1987
129 A.D.2d 805 (N.Y. App. Div. 1987)
Case details for

People v. Cavines

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELTON CAVINES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 27, 1987

Citations

129 A.D.2d 805 (N.Y. App. Div. 1987)