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People v. Pender

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 573 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Kings County (Egitto, J.).


Ordered that the judgment is affirmed.

The trial court's ruling permitting the prosecutor to cross-examine the defendant regarding his 1989 convictions for grand larceny in the fourth degree and attempted robbery in the second degree was not an improvident exercise of discretion. The mere fact that a defendant's prior crimes are similar or even identical to a crime presently charged does not automatically preclude their use for impeachment purposes on cross-examination (see, People v Ardila, 202 A.D.2d 514, affd 85 N.Y.2d 846; People v Bowman, 211 A.D.2d 590; People v Coates, 166 A.D.2d 389; People v Mingues, 165 A.D.2d 774; People v McAleavey, 159 A.D.2d 646; People v Torres, 110 A.D.2d 794). Moreover, the prior offenses were "indicative of his willingness to place his * * * interests above those of society and his possible willingness to do so again on the witness stand" and therefore were relevant to the issue of the defendant's credibility (People v Ardila, supra, at 514; see also, People v Sandoval, 34 N.Y.2d 371, 377; People v Bowman, supra, at 591; People v Lynch, 209 A.D.2d 827).

The prosecutor's comments during summation do not warrant reversal. The trial court's prompt curative instructions mitigated any prejudice resulting to the defendant (see, People v Berg, 59 N.Y.2d 294; People v Arce, 42 N.Y.2d 179).

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

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review (see, CPL 470.05; People v Johnson, 161 A.D.2d 732; People v Brown, 81 N.Y.2d 798). Balletta, J.P., Ritter, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Pender

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 573 (N.Y. App. Div. 1995)
Case details for

People v. Pender

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL PENDER, Also…

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 573 (N.Y. App. Div. 1995)
633 N.Y.S.2d 830

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