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People v. Ross

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 432 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the County Court, Suffolk County (Weber, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court's Sandoval ruling properly balanced the probative value and the prejudicial effect of permitting inquiry into the defendant's prior convictions if he testified regarding his self-serving out-of-court statement ( see, People v. Walker, 83 N.Y.2d 455; People v. Sandoval, 34 N.Y.2d 371; People v. Byrd, 173 A.D.2d 549).

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the defendant unlawfully broke into the complainant's garage, which was attached to the house, to commit a crime therein ( see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Humphrey, 124 A.D.2d 822). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

Based on the record, viewed in totality, the defendant received meaningful representation ( see, People v. Flores, 84 N.Y.2d 184, 187; People v. Badia, 159 A.D.2d 577, 578).

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

Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.


Summaries of

People v. Ross

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 432 (N.Y. App. Div. 1998)
Case details for

People v. Ross

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS ROSS, Appellant

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 432 (N.Y. App. Div. 1998)
673 N.Y.S.2d 325