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People v. Faulkner

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 691 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the County Court, Westchester County (Owen, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15). The jury's determination to credit the testimony of the prosecution's witnesses is supported by the record (see, People v Garafolo, 44 A.D.2d 86, 88), and will not be disturbed.

We find no impropriety in the court's Sandoval ruling. The defendant's previous convictions demonstrate his willingness to place his own interests ahead of those of society and thereby directly impacted upon the issue of his credibility (see People v Rahman, 46 N.Y.2d 882; People v Sandoval, 34 N.Y.2d 371; People v Kyser, 147 A.D.2d 590). Moreover, a similarity between prior crimes and the crime charged does not automatically preclude inquiry (see, People v Sandoval, supra; People v Kyser, supra).

The defendant's remaining contentions do not warrant reversal since any alleged error was harmless beyond a reasonable doubt in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230). Thompson, J.P., Brown, Sullivan and Miller, JJ., concur.


Summaries of

People v. Faulkner

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 691 (N.Y. App. Div. 1991)
Case details for

People v. Faulkner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH FAULKNER…

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 691 (N.Y. App. Div. 1991)
567 N.Y.S.2d 106

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