From Casetext: Smarter Legal Research

People v. Jimenez

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1999
264 A.D.2d 643 (N.Y. App. Div. 1999)

Opinion

September 23, 1999

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered February 21, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

Michael Sobie, for respondent.

Kristen K. Sauer, defendant-appellant.

RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.


The court's Sandoval ruling, which allowed the prosecution to inquire into a prior conviction for criminal sale of a controlled substance while precluding inquiry into its underlying facts, was a proper exercise of discretion that struck an appropriate balance between the probative value of defendant's prior conviction and the risk of unfair prejudice to him (see, People v. Walker, 83 N.Y.2d 455; People v. Pavao, 59 N.Y.2d 282, 292).

A review of the reasonable doubt charge, as a whole, establishes that it contained no burden-shifting language and did not impose an affirmative obligation on the jury to articulate a basis for such doubt (see, People v. Antommarchi, 80 N.Y.2d 247, 251-252).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Jimenez

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1999
264 A.D.2d 643 (N.Y. App. Div. 1999)
Case details for

People v. Jimenez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ESTEBAN JIMENEZ, a/k/a…

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

Date published: Sep 23, 1999

Citations

264 A.D.2d 643 (N.Y. App. Div. 1999)
696 N.Y.S.2d 11