People v. Nieves

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX NIEVES, Appellant

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

Date published: Dec 1, 1998

256 A.D.2d 26 (N.Y. App. Div. 1998)

682 N.Y.S.2d 22

Opinion

December 1, 1998

Appeal from the Supreme Court, New York County (Budd Goodman, J.).

The court's Sandoval ruling properly permitted the prosecution to question defendant about the fact that he was convicted of selling drugs in 1988 despite the similarity of this conviction to the crime charged in this case ( see, People v. Pavao, 59 N.Y.2d 282, 292; People v. Perez, 246 A.D.2d 335, lv denied 91 N.Y.2d 1011).

We find the sentence excessive to the extent indicated.

Concur — Ellerin, J. P., Nardelli, Williams and Andrias, JJ.