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People v. Fulford

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 682 (N.Y. App. Div. 2001)

Opinion

Submitted January 30, 2001

February 26, 2001.

Appeal by the defendant from the judgment of the Supreme Court, Kings County (Wade, J.), rendered May 26, 1999, convicting him of robbery in the second degree (two counts), robbery in the third degree, grand larceny in the third degree, and unauthorized use of a vehicle in the third degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

Before: O'BRIEN, J.P., RITTER, ALTMAN and SCHMIDT, JJ., concur.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the court's Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371), which permitted the prosecutor to inquire about the defendant's past felony convictions and his use of aliases upon arrest for certain of these crimes, was not reversible error. Evidence of a defendant`s conviction of a prior larcenous crime, as well as his use of aliases, is highly probative of his credibility, because it bears on his willingness to place his own interests above those of society (see, People v. Walker, 83 N.Y.2d 455; People v. Miller, 199 A.D.2d 422; People v. Ellis, 162 A.D.2d 611). Moreover, the prosecutor was not permitted to inquire about the underlying facts of those crimes, but was allowed to elicit only that they involved the taking of property. Accordingly, the court providently exercised its discretion in making its Sandoval ruling (see, People v. Miller, supra; People v. Ellis, supra).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant`s remaining contention, raised in his supplemental pro se brief, is unpreserved for appellate review, and, in any event, is without merit.


Summaries of

People v. Fulford

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 682 (N.Y. App. Div. 2001)
Case details for

People v. Fulford

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DARRELL FULFORD, APPELLANT. (Ind. No…

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 682 (N.Y. App. Div. 2001)
721 N.Y.S.2d 109

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