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People v. Barrer

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 396 (N.Y. App. Div. 2001)

Opinion

October 30, 2001.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered August 13, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

Nhu P. Nguyen, for respondent.

Karen Marcus, for defendant-appellant.

Before: Williams, J.P., Andrias, Wallach, Lerner, Marlow, JJ.


The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459). The court excluded any inquiry as to defendant's four misdemeanor convictions but properly permitted the People to inquire into the nature and underlying facts of defendant's two prior felony drug sale convictions as well as his use of an alias (People v. Castrillo, 260 A.D.2d 280, lv denied 93 N.Y.2d 1001) since these acts demonstrate defendant's willingness to place his interests above those of society and have a direct bearing on his veracity.

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


Summaries of

People v. Barrer

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 396 (N.Y. App. Div. 2001)
Case details for

People v. Barrer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD BARRER, ETC.…

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

Date published: Oct 30, 2001

Citations

287 A.D.2d 396 (N.Y. App. Div. 2001)
731 N.Y.S.2d 708