From Casetext: Smarter Legal Research

People v. Brewer

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 662 (N.Y. App. Div. 1999)

Opinion

January 25, 1999.

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


Ordered that the judgment is affirmed.

The defendant claims that the gold chain that he grabbed from the complaining witness should have been ruled inadmissible at trial because it was recovered pursuant to a coerced statement which he made at the time he was apprehended. This contention is without merit. The Supreme Court properly determined, after a hearing, that the defendant's statement was voluntarily made ( see, People v. Singletary, 135 A.D.2d 757). Thus, the recovery of the gold chain did not constitute "fruit of the poisonous tree" ( Wong Sun v. United States, 371 U.S. 471, 488).

The trial court's Sandoval ruling was not an improvident exercise of discretion. The prior offenses as to which the court would permit cross-examination were highly relevant on the issue of credibility, and the probative value of the cross-examination outweighed the potential prejudicial effect ( see, People v. Pavao, 59 N.Y.2d 282; People v. Martin, 221 A.D.2d 373; People v. Scott, 161 A.D.2d 738).

Bracken, J.P., O'Brien, Sullivan and Goldstein, JJ., concur.


Summaries of

People v. Brewer

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 662 (N.Y. App. Div. 1999)
Case details for

People v. Brewer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BREWER, Appellant

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

Date published: Jan 25, 1999

Citations

257 A.D.2d 662 (N.Y. App. Div. 1999)
684 N.Y.S.2d 577