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People v. Pedraja

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2000
275 A.D.2d 658 (N.Y. App. Div. 2000)

Opinion

September 26, 2000.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 6, 1996, convicting defendant, after a jury trial, of attempted rape in the first and second degrees, and sentencing him, as second felony offender, to concurrent terms of 12 years and 2 to 4 years, respectively, unanimously affirmed.

Annica H. Jin, for respondent.

Timothy W. Lewis, for defendant-appellant.

Before: Rosenberger, J.P., Nardelli, Tom, Mazzarelli, Rubin, JJ.


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

The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker_, 83 N.Y.2d 455, 458-459. The court properly permitted limited inquiry into matters that were highly relevant to credibility.

Defendant's claims concerning the court's conduct of the trial are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that defendant was not deprived of a fair trial.

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


Summaries of

People v. Pedraja

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2000
275 A.D.2d 658 (N.Y. App. Div. 2000)
Case details for

People v. Pedraja

Case Details

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

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

Date published: Sep 26, 2000

Citations

275 A.D.2d 658 (N.Y. App. Div. 2000)
713 N.Y.S.2d 682