Summary
In People v. Charnoff (121 AD2d 734 [2d Dept 1986]), a grand larceny charge involving two checks, the prosecution was permitted to introduce evidence of other dishonored checks the defendant issued to show intent and to negate the defendant's claim of mistake.
Summary of this case from People v. YaldizianOpinion
June 30, 1986
Appeal from the County Court, Suffolk County (McInerney, J.).
Judgment modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a definite term of nine months' imprisonment to a sentence of five years' probation with a condition that she serve a term of imprisonment of 60 days to run concurrently with the period of probation. As so modified, judgment affirmed, and matter remitted to the County Court, Suffolk County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (5).
The trial court properly permitted the People to establish that at or about the same time as the defendant issued the two checks which formed the basis for the charges against her, she had issued nine other checks which had been dishonored. Evidence of such uncharged crimes was probative of the defendant's intent and was relevant to negate her claim of mistake (see, People v Molineux, 168 N.Y. 264; People v. Sudler, 116 A.D.2d 605; People v Iwaszkiewicz, 120 A.D.2d 746). Similarly unavailing is the defendant's argument that she was unduly prejudiced by the trial court's belated ruling that, in the event she chose to take the stand, the People would be permitted to question her upon cross-examination about a Uniform Commercial Code statement which had allegedly been forged and falsified by her subsequent to the crime charged. Such conduct went to the "heart of honesty and integrity" of the defendant (see, People v. Sandoval, 34 N.Y.2d 371, 377), and would have been relevant on the issue of credibility regardless of whether the acts occurred prior or subsequent to the crime charged (People v Pavao, 59 N.Y.2d 282, 292, n 3). While a pretrial Sandoval determination is preferable (see, People v. Sandoval, supra; People v. Ortero, 75 A.D.2d 168), the delay in rendering the decision was not prejudicial to the defendant in this case since the court clearly indicated that its initial denial of the People's application for permission to question the defendant about this conduct was tentative and the decision to allow its use was made prior to the time the defendant would have testified.
We find, however, that the sentence was excessive to the extent indicated. In remitting the case for the fixing of the terms and conditions of probation, we would suggest that the County Court consider the recommendation of the Suffolk County Probation Department contained in the presentence report with respect to intensive probationary supervision with special conditions involving community service, restitution and continued psychotherapy.
We have examined the defendant's remaining contentions and find them to be either unpreserved for our review or without merit. Mangano, J.P., Gibbons, Brown and Kooper, JJ., concur.