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People v. Spears

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2000
275 A.D.2d 682 (N.Y. App. Div. 2000)

Opinion

September 28, 2000.

Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered May 11, 1998, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Kristin A. Kirk, for respondent.

Betsy A. Hutchings, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Lerner, Andrias, Buckley, JJ.


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; People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292). Defendant's theft-related convictions were highly relevant to his credibility, notwithstanding their similarity to the present charges. The court properly authorized the People to elicit certain factual details of defendant's prior convictions because, under the circumstances of the case, their probative value outweighed any prejudicial effect.

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


Summaries of

People v. Spears

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2000
275 A.D.2d 682 (N.Y. App. Div. 2000)
Case details for

People v. Spears

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MARK SPEARS…

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

Date published: Sep 28, 2000

Citations

275 A.D.2d 682 (N.Y. App. Div. 2000)
713 N.Y.S.2d 353