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People v. McCoy

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 395 (N.Y. App. Div. 2007)

Opinion

No. 2062 893/02.

November 15, 2007.

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered August 4, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts), and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to three concurrent terms of 8 to 16 years, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Gian S. King of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jacob Kaplan of counsel), for respondent.

Before: Andrias, J.P., Marlow, Williams, Buckley and Malone, JJ.


The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion ( see People v Hayes, 97 NY2d 203). The underlying facts of defendant's prior convictions were relevant to his credibility since they tended to show that he placed his own interests above those of society. Moreover, the court carefully limited these inquiries by precluding reference to particularly inflammatory facts.

We perceive no basis for reducing the sentence.


Summaries of

People v. McCoy

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 395 (N.Y. App. Div. 2007)
Case details for

People v. McCoy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEMP MCCOY, Appellant

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

Date published: Nov 15, 2007

Citations

45 A.D.3d 395 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8867
845 N.Y.S.2d 308

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