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People v. Pagan

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 385 (N.Y. App. Div. 2000)

Opinion

April 27, 2000.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered September 11, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Patricia Curran, for respondent.

Deborah Wolikow Loewenberg, for defendant-appellant.

MAZZARELLI, J.P., ELLERIN, LERNER, RUBIN, ANDRIAS, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no reason to disturb the jury's determinations concerning credibility and identification.

The court's Sandoval ruling, which permitted cross-examination about two prior drug-related convictions without any reference to the underlying facts of those convictions, balanced the appropriate factors and was a proper exercise of discretion (see,People v. Walker, 83 N.Y.2d 455, 458-459; People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292).

Defendant's remaining contentions, each of which requires preservation, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Pagan

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2000
271 A.D.2d 385 (N.Y. App. Div. 2000)
Case details for

People v. Pagan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. EDWIN PAGAN…

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

Date published: Apr 27, 2000

Citations

271 A.D.2d 385 (N.Y. App. Div. 2000)
707 N.Y.S.2d 826