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People v. Clark [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

October 21, 1999

Penny Rosenberg for Respondent.

Robert L. Moore for Defendant-Appellant.

ROSENBERGER, J.P., TOM, MAZZARELLI, SAXE, BUCKLEY JJ.


Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered November 14, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years and 3+ to 7 years, respectively, unanimously affirmed.

The court's Sandoval ruling permitting limited inquiry as to similar crimes was an appropriate exercise of discretion, which balanced the proper factors (see, People v. Walker, 83 N.Y.2d 455, 458-459; People v. Mattiace, 77 N.Y.2d 269, 274-275.

We perceive no abuse of sentencing discretion.

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


Summaries of

People v. Clark [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

People v. Clark [1st Dept 1999

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSALIUS CLARK, etc.…

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)