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People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1989
156 A.D.2d 197 (N.Y. App. Div. 1989)

Opinion

December 12, 1989

Appeal from the Supreme Court, New York County, Edward Davidowitz, J.


Although defendant's prior manslaughter conviction was 16 years old, the Sandoval court did not abuse its discretion in permitting the People to elicit, if defendant took the stand, solely that defendant had been convicted of a felony (People v Ricks, 135 A.D.2d 844). Remoteness alone does not require preclusion for impeachment purposes, particularly where, as here, defendant spent eight of those years in prison (supra, at 845; People v Scott, 118 A.D.2d 881, 882, lv denied 67 N.Y.2d 1056). Furthermore, the Sandoval court utilized a compromise in precluding inquiry into the nature of the manslaughter conviction, which would have revealed that defendant intentionally shot his victim over a dispute. Defendant's claim that he was denied effective assistance of counsel is conclusory and without factual support in the record. His remaining "claims" have been considered, to the extent preserved, and deemed meritless.

We note that evidence of defendant's guilt was overwhelming.

Concur — Kupferman, J.P., Milonas, Kassal and Ellerin, JJ.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1989
156 A.D.2d 197 (N.Y. App. Div. 1989)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ORTIZ, Also…

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

Date published: Dec 12, 1989

Citations

156 A.D.2d 197 (N.Y. App. Div. 1989)

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