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People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 316 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


The trial court did not err in its Sandoval ruling allowing the People to question defendant with respect to three of his four prior felonies and six of his twelve prior misdemeanors ( People v. Reid, 190 A.D.2d 575, lv denied 81 N.Y.2d 1078). Nor was it error for the court to excuse several prospective jurors sua sponte, without any voir dire by counsel, since the court's own questions revealed that the jurors were unqualified ( People v. Decker, 157 N.Y. 186, 190-193). It was proper to admit into evidence defendant's plastic Social Services card, which was bent and had streaks of paint on it, since the card was not introduced to show defendant's propensity to commit crimes, but rather was logically linked to one issue in the case — defendant's entry, without a key, into the complainants' hotel room ( see, People v Correal, 160 A.D.2d 85, 92-93). Defendant's sentence was not excessive in light of his extensive criminal record. We have considered defendant's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 316 (N.Y. App. Div. 1996)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MITCHELL…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 316 (N.Y. App. Div. 1996)
637 N.Y.S.2d 733

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