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People v. Culver

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1984
106 A.D.2d 680 (N.Y. App. Div. 1984)

Opinion

December 6, 1984

Appeal from the County Court of Ulster County (Vogt, J.).


When this matter was before us previously, we withheld decision and remitted to County Court for a hearing and determination of defendant's Sandoval motion ( 102 A.D.2d 924). The District Attorney has now forwarded a transcript of a hearing held on February 16, 1983, in which County Court, without explanation, granted the prosecution permission to question defendant about the details of a 1982 conviction and the fact of a 1980 conviction. On the record provided us, we are still unable to determine whether County Court exercised its discretion in ruling on the Sandoval motion as required by People v Williams ( 56 N.Y.2d 236). Accordingly, we again remit for further proceedings on the record, which must include County Court's reasons for its ruling (see People v. Henderson, 97 A.D.2d 620).

Decision withheld, and matter remitted to the County Court of Ulster County for further proceedings not inconsistent herewith. Mahoney, P.J., Main, Weiss, Levine and Harvey, JJ., concur.


Summaries of

People v. Culver

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1984
106 A.D.2d 680 (N.Y. App. Div. 1984)
Case details for

People v. Culver

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIDNEY CULVER…

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

Date published: Dec 6, 1984

Citations

106 A.D.2d 680 (N.Y. App. Div. 1984)

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