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People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1988
143 A.D.2d 107 (N.Y. App. Div. 1988)

Opinion

August 1, 1988

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

The trial court's Sandoval ruling, which permitted the prosecutor to cross-examine the defendant with respect to 8 of 17 prior convictions, was not an improvident exercise of discretion. The previous convictions involving theft demonstrated the defendant's willingness to place his own interests ahead of the interests of society, thereby impacting directly upon the issue of the defendant's credibility (see, People v Sandoval, 34 N.Y.2d 371). The similarity between the prior crimes and the crimes charged does not automatically preclude inquiry (see, People v Pavao, 59 N.Y.2d 282, 292; People v Torres, 110 A.D.2d 794, 795). Moreover, the prior convictions were not so remote in time as to require preclusion of cross-examination regarding them (see, People v Scott, 118 A.D.2d 881, lv denied 67 N.Y.2d 1056). Thompson, J.P., Bracken, Eiber and Spatt, JJ., concur.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1988
143 A.D.2d 107 (N.Y. App. Div. 1988)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR ORTIZ, Appellant

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

Date published: Aug 1, 1988

Citations

143 A.D.2d 107 (N.Y. App. Div. 1988)

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