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People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 252 (N.Y. App. Div. 2000)

Opinion

Submitted April 20, 2000.

June 5, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered February 26, 1999, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Anna M. Perry of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in determining after a Sandoval hearing that if the defendant testified, the prosecutor could impeach him with the facts that he was convicted of attempted sale of a controlled substance and that he subsequently violated the sentence of probation imposed on that conviction. The court precluded inquiry as to the underlying facts of the conviction and the violation (see, People v. Sandoval, 34 N.Y.2d 371, 374-375; People v. Pavao, 59 N.Y.2d 282; People v. Espinoza, 241 A.D.2d 554; People v. Kinsler, 228 A.D.2d 452).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 252 (N.Y. App. Div. 2000)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. NATHANIEL HARRIS, APPELLANT. (IND. NO…

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

Date published: Jun 5, 2000

Citations

273 A.D.2d 252 (N.Y. App. Div. 2000)
708 N.Y.S.2d 637