Opinion
KA 00-02038
June 14, 2002.
Appeal from a judgment of Oneida County Court (Dwyer, J.), entered November 19, 1999, convicting defendant after a jury trial of, inter alia, assault in the second degree.
FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (DEANNA R. LAMB OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HAYES, WISNER, AND HURLBUTT, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to defendant's contention, County Court's Sandoval ruling did not constitute an abuse of discretion ( see People v. Hayes, 97 N.Y.2d 203, 207-208). By ruling that defendant could be asked on cross-examination whether he previously had been convicted of a felony and two misdemeanors without reference to the underlying criminal acts, the court properly balanced the probative value of that evidence against its potential for prejudice ( see People v. Walker, 83 N.Y.2d 455, 458-459; People v. Wheeler, 281 A.D.2d 949, lv denied 96 N.Y.2d 836; People v. Brockway, 277 A.D.2d 482, 485).