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People v. Santmyer

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 956 (N.Y. App. Div. 1996)

Opinion

September 27, 1996.

Judgment unanimously affirmed.

Before: Present Green, J.P., Lawton, Fallon, Callahan and Doerr, JJ.


County Court properly exercised its discretion in excluding evidence of the complainant's prior sexual encounter with another prosecution witness ( see, CPL 60.42; People v Baldwin, 211 AD2d 638, lv denied 85 NY2d 935). The court properly permitted the prosecutor to question defendant about a previous assault conviction after defendant "opened the door" to such inquiry by testifying that he was not a violent person ( see, People v Rios, 166 AD2d 616, 618, lv denied 77 NY2d 842). Defendant bore the burden of seeking an advance ruling on the admissibility of that conviction for purposes of impeachment ( see, People v Matthews, 68 NY2d 118, 123) and any delay in the court's Sandoval ruling is attributable to defendant's failure to inform the court of the conviction ( see, People v Sandoval, 34 NY2d 371, 378). Defendant's challenge to the integrity of the Grand Jury proceeding ( see, CPL 210.35) was not timely ( see, CPL 255.20, [3]). Defendant received meaningful representation ( see, People v Satterfield, 66 NY2d 796, 798-799). The sentence imposed is not unduly harsh or severe. Defendant's remaining contentions are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to address them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Herkimer County Court, Kirk, J. — Rape, 1st Degree.)


Summaries of

People v. Santmyer

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1996
231 A.D.2d 956 (N.Y. App. Div. 1996)
Case details for

People v. Santmyer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHAD SANTMYER…

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

Date published: Sep 27, 1996

Citations

231 A.D.2d 956 (N.Y. App. Div. 1996)
648 N.Y.S.2d 69

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