From Casetext: Smarter Legal Research

People v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 786 (N.Y. App. Div. 1999)

Opinion

Argued June 1, 1999

September 20, 1999

Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered March 24, 1998, convicting him of criminal possession of a controlled substance in the third degree and criminal use of drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence.

Gary Greenwald, Chester, N.Y. (Stephen L. Oppenheim of counsel), for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Paul Harnisch of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, DANIEL W. JOY, HOWARD MILLER. JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in rendering its Sandoval ruling by holding that, if the defendant were to testify, the People would be permitted to elicit the fact of a prior felony conviction then still under appeal ( see, People v. Mattiace, 77 N.Y.2d 269; People v. Galvin, 253 A.D.2d 437).

The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

RITTER, J.P., THOMPSON, JOY, and H. MILLER, JJ., concur.


Summaries of

People v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1999
264 A.D.2d 786 (N.Y. App. Div. 1999)
Case details for

People v. Murphy

Case Details

Full title:The PEOPLE, etc., respondent, v. JEFFREY MURPHY, appellant. (Ind. No…

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

Date published: Sep 20, 1999

Citations

264 A.D.2d 786 (N.Y. App. Div. 1999)
696 N.Y.S.2d 173

Citing Cases

People v. Hanson

The court properly determined, upon review of the available medical records, that there was no evidence that…