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People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2003
304 A.D.2d 418 (N.Y. App. Div. 2003)

Opinion

836.

April 17, 2003.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 7, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 14 years, unanimously affirmed.

Christopher Wilson, for respondent.

Robert L. Moore, for defendant-appellant.

Before: MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, MARLOW, GONZALEZ, JJ.


The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203; People v. Walker, 83 N.Y.2d 455, 458-459). Defendant's prior convictions were highly probative with regard to his credibility, and the court minimized any prejudice by directing that defendant's prior first-degree robbery conviction be elicited only as an unspecified felony.

The prosecutor was properly permitted to inquire into defendant's parole status and a prior theft allegation against him, since defendant opened the door to such questioning (see People v. Mendez, 221 A.D.2d 162,lv denied 87 N.Y.2d 923; People v. Cain, 207 A.D.2d 720, lv denied 84 N.Y.2d 933).

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


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2003
304 A.D.2d 418 (N.Y. App. Div. 2003)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUDELIS CRUZ…

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

Date published: Apr 17, 2003

Citations

304 A.D.2d 418 (N.Y. App. Div. 2003)
757 N.Y.S.2d 432