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People v. Elkins

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 921 (N.Y. App. Div. 1995)

Opinion

January 12, 1995

Appeal from the County Court of Tompkins County (Barrett, J.).


Defendant was convicted after trial of scheme to defraud in the first degree and three counts of petit larceny, and sentenced to concurrent terms of one year in jail and restitution. On this appeal, defendant contends that County Court erred in its determination of a Sandoval issue and that the verdict is not supported by sufficient evidence.

We find no abuse of discretion in County Court's use of the Sandoval compromise to allow inquiry as to defendant's conviction of six misdemeanors without questioning as to the types of crimes involved or the facts underlying those convictions. Further, we find that the jury could properly infer defendant's fraudulent and criminal intent from the evidence presented at trial. The conviction was thus supported by sufficient evidence and not against the weight of the evidence.

Cardona, P.J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Elkins

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 921 (N.Y. App. Div. 1995)
Case details for

People v. Elkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PRESTON G. ELKINS…

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

Date published: Jan 12, 1995

Citations

211 A.D.2d 921 (N.Y. App. Div. 1995)
621 N.Y.S.2d 960

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