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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 111 (N.Y. App. Div. 2000)

Opinion

December 19, 2000.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered December 18, 1997, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 4 1/2 years, unanimously affirmed.

Gretchen Fritz, for respondent.

Joseph Lavine, for defendant-appellant.

Before: Nardelli, J.P., Tom, Mazzarelli, Wallach, Rubin, JJ.


The court's Sandoval ruling, which permitted cross-examination concerning fifteen larceny-related convictions, without any reference to the underlying facts of those convictions, and which denied inquiry into two prior assault convictions and a prior arson conviction, balanced the appropriate factors and was a proper exercise of discretion (see People v. Walker, 83 N.Y.2d 455, 458-459; People v. Cooper, 249 A.D.2d 141,affd 92 N.Y.2d 968). We note that the larceny-related convictions were both highly relevant to credibility and dissimilar to the crime with which defendant was charged.

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


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 111 (N.Y. App. Div. 2000)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDRES GONZALEZ…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 111 (N.Y. App. Div. 2000)
718 N.Y.S.2d 311