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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 506 (N.Y. App. Div. 2004)

Opinion

2000-08618.

Decided June 14, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered September 14, 2000, convicting him of robbery in the first degree, criminal possession of stolen property in the fourth degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas S. Burka, and Brooke Derian of counsel), for respondent.

Before: DAVID S. RITTER, J.P. GLORIA GOLDSTEIN, STEPHEN G. CRANE, ROBERT A. SPOLZINO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371), which, in part, at the suggestion of the defendant, permitted the prosecutor to inquire about the defendant's prior convictions for robbery and unauthorized use of a vehicle, and his use of aliases upon arrest for those crimes, was proper. Evidence of the defendant's conviction for robbery, as well as his use of aliases, was highly probative of his credibility, because they involved acts of individual dishonesty and untrustworthiness, and bore on his willingness to place his own interests above those of society ( see People v. Pavao, 59 N.Y.2d 282, 292; People v. Fulford, 280 A.D.2d 682;

People v. Cowan, 193 A.D.2d 753, 754).

The defendant's contention concerning the prosecutor's allegedly improper summation comments is unpreserved for appellate review, since the defendant either did not object or made only a general objection at trial ( see People v. Tevaha, 84 N.Y.2d 879, 881; People v. Persaud, 237 A.D.2d 538). In any event, most of the challenged remarks either were fair comment on the evidence or were made in response to the defense counsel's arguments on summation, and none of the remarks was so prejudicial as to require reversal ( see People v. Hilliard, 279 A.D.2d 590).

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 506 (N.Y. App. Div. 2004)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DURON THOMAS, appellant

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

Date published: Jun 14, 2004

Citations

8 A.D.3d 506 (N.Y. App. Div. 2004)
778 N.Y.S.2d 523

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