From Casetext: Smarter Legal Research

People v. Falcon

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1993
199 A.D.2d 17 (N.Y. App. Div. 1993)

Opinion

December 2, 1993

Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).


The trial court properly considered defendant's extended incarceration in determining the probative value of defendant's two prior felony convictions, and avoided any undue prejudice to defendant by precluding inquiry regarding the underlying facts and nature of those convictions (People v Ortiz, 156 A.D.2d 197, 198, lv denied 76 N.Y.2d 740).

As conceded by the People, defendant's conviction for burglary in the second degree is deemed dismissed as an inclusory concurrent count under the burglary in the first degree conviction (CPL 300.40 [b]).

We perceive no abuse of discretion in sentencing.

Concur — Sullivan, J.P., Carro, Rosenberger, Ross and Asch, JJ.


Summaries of

People v. Falcon

Appellate Division of the Supreme Court of New York, First Department
Dec 2, 1993
199 A.D.2d 17 (N.Y. App. Div. 1993)
Case details for

People v. Falcon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN FALCON, Also…

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

Date published: Dec 2, 1993

Citations

199 A.D.2d 17 (N.Y. App. Div. 1993)
605 N.Y.S.2d 856