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People v. Salcedo

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 129 (N.Y. App. Div. 1987)

Opinion

August 10, 1987

Appeal from the Supreme Court, Kings County (Kuffner, J.).


Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in ruling that, should the defendant choose to testify, the People would be permitted to question him as to several of his prior convictions, including those for attempted robbery and arson. The fact that the defendant's conviction for attempted robbery was over 11 years old, by itself, did not mandate preclusion of cross-examination with regard to that conviction (see, People v Scott, 118 A.D.2d 881, lv denied 67 N.Y.2d 1056; People v Crandall, 108 A.D.2d 413). Moreover, the arson conviction clearly reflected upon the defendant's veracity and credibility inasmuch as it involved a scheme to eliminate the defendant's business competitors (see, People v. Dudwoire, 95 A.D.2d 878), thus demonstrating a "willingness or disposition on the part of the * * * defendant voluntarily to place the advancement of his individual self-interest ahead of principle or of the interests of society" (People v. Sandoval, 34 N.Y.2d 371, 377).

We have examined the defendant's remaining contentions and find them to be either unpreserved for our review or without merit. Thompson, J.P., Brown, Eiber and Spatt, JJ., concur.


Summaries of

People v. Salcedo

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 129 (N.Y. App. Div. 1987)
Case details for

People v. Salcedo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE SALCEDO, Also…

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

Date published: Aug 10, 1987

Citations

133 A.D.2d 129 (N.Y. App. Div. 1987)

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