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People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 745 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

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


Ordered that the judgment is affirmed.

The defendant's contention that the People failed to prove that he intended to cause the victim serious physical injury (see, Penal Law § 125.20) and that he possessed the weapon in question is without merit. Several eyewitnesses testified that, after a verbal argument, during which the defendant threatened the victim, the defendant retrieved a gun from a car and shot the victim at close range. Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction for manslaughter in the first degree and criminal possession of a weapon in the second degree.

The trial court did not improvidently exercise its discretion in ruling that the prosecutor could cross-examine the defendant, if he chose to testify, as to whether he had been convicted of the misdemeanors of criminal mischief, criminal possession of stolen property in the third degree and obstructing governmental administration, but not as to the underlying facts of those convictions (see, People v. Rahman, 46 N.Y.2d 882; People v Dubose, 147 A.D.2d 585).

Finally, we conclude that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mollen, P.J., Brown, Eiber and Rosenblatt, JJ., concur.


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 745 (N.Y. App. Div. 1990)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALDO GOMEZ…

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 745 (N.Y. App. Div. 1990)
550 N.Y.S.2d 40