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People v. Arce

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1997
242 A.D.2d 508 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Supreme Court, Bronx County (John Moore, J.).


Defendant's guilt of second-degree murder under a theory of depraved indifference (Penal Law § 125.25) was amply supported by the evidence, notwithstanding that the evidence would have also supported a finding of intentional murder (People v. Cole, 233 A.D.2d 247, lv denied 89 N.Y.2d 984).

Defendant was not entitled to be present at a hearing conducted in the course of his cross-examination to determine the purely legal question of whether he had opened the door to the admission of evidence previously precluded at a Sandoval hearing to which he was a party ( People v. Dickerson, 87 N.Y.2d 914; People v Rodriguez, 85 N.Y.2d 586, 590-591). The court correctly determined that defendant had opened the door to this previously precluded evidence.

We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Nardelli, Rubin, Mazzarelli and Andrias, JJ.


Summaries of

People v. Arce

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1997
242 A.D.2d 508 (N.Y. App. Div. 1997)
Case details for

People v. Arce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO ARCE, Appellant

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 508 (N.Y. App. Div. 1997)
662 N.Y.S.2d 495

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