From Casetext: Smarter Legal Research

People v. Narvdez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 592 (N.Y. App. Div. 1993)

Opinion

March 15, 1993

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


Ordered that the judgment is affirmed.

Pursuant to the defendant's Sandoval motion, the court ruled that the prosecutor would be precluded from questioning the defendant about his previous arrest for criminal possession of a weapon. However, by asking the defendant whether he had ever owned a gun, the defense counsel opened the door for the prosecutor to ask the defendant about his past arrest for possession of a weapon, to the extent that it was probative of the defendant's credibility (see, People v. Morgan, 171 A.D.2d 698; People v. Garcia, 160 A.D.2d 258, 259).

Nor does the alleged Rosario violation warrant reversal. When Rosario material cannot be produced because of its loss or destruction, and a defendant suffers prejudice, an appropriate sanction may be imposed (see, People v. Wallace, 76 N.Y.2d 953; People v. Martinez, 71 N.Y.2d 937). In this case, however, the defense counsel's request for a mistrial was inappropriate. As the trial court stated, granting a mistrial would have had no pragmatic effect since the statement would not have been available at a retrial. "Since [this was] the only sanction * * * requested by the defendant, the trial court did not improvidently exercise its discretion in denying the defendant's request" (People v. Roberts, 178 A.D.2d 622, 623).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Thompson, J.P., Balletta, Miller and Ritter, JJ., concur.


Summaries of

People v. Narvdez

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1993
191 A.D.2d 592 (N.Y. App. Div. 1993)
Case details for

People v. Narvdez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE NARVDEZ, Appellant

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

Date published: Mar 15, 1993

Citations

191 A.D.2d 592 (N.Y. App. Div. 1993)
595 N.Y.S.2d 74

Citing Cases

People v. Narvdez

December 6, 2000. Application by the appellant for a writ of error coram nobis to vacate, on the ground of…