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People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 752 (N.Y. App. Div. 1992)

Opinion

February 18, 1992

Appeal from the County Court, Nassau County (Winick, J.).


Ordered that the judgment is affirmed.

The defendant contends that the court's Sandoval ruling constituted reversible error. We disagree. By allowing the prosecutor to inquire into the underlying facts of the defendant's previous petit larceny and resisting arrest convictions, the court properly struck a balance between the probative value of this evidence as to the defendant's credibility and the potential for unfair prejudice to the defendant (see, People v. Sandoval, 34 N.Y.2d 371, 375; People v Blue, 178 A.D.2d 539). The defendant's previous conviction for petit larceny, a crime involving individual dishonesty, directly bears on his credibility (see, People v. Sandoval, supra, at 375-376; People v. Young, 178 A.D.2d 571), and his resisting arrest conviction showed that he had placed his own interests above those of society (see, People v. McClainin, 178 A.D.2d 495). Accordingly, we find that the court providently exercised its discretion in permitting inquiry into the underlying facts of these crimes in the event the defendant chose to testify in his own behalf (see, People v Young, supra).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Harwood, Balletta and Copertino, JJ., concur.


Summaries of

People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 752 (N.Y. App. Div. 1992)
Case details for

People v. Hunter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN HUNTER…

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

Date published: Feb 18, 1992

Citations

180 A.D.2d 752 (N.Y. App. Div. 1992)

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