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People v. Elston

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 109 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the Supreme Court, New York County (Martin Rettinger, J.).


We reject defendant's claims that the court improperly modified or supplemented its Sandoval ruling, and that defendant was deprived of his right to be present at the purported supplementary Sandoval proceeding, because we find that there was no such supplementation. The People did not seek to elicit defendant's exclusion from public housing as an additional "bad act" impeaching his general credibility, but instead as impeachment of his testimony concerning his reason for changing his place of residence. The misconduct prompting the exclusion was thus only tangentially involved, and the nature of that misconduct was never revealed to the jury. The record is insufficient to establish defendant's absence from the subject sidebar (see, People v. Maher, 89 N.Y.2d 318, 325), and, in any event, this sidebar constituted legal argument not requiring defendant's presence (People v. Rodriguez, 85 N.Y.2d 586). The resulting single question about defendant's exclusion from public housing, which he answered in the negative, could not have caused him any prejudice.

We perceive no abuse of sentencing discretion.

Concur — Milonas, J. P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

People v. Elston

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1998
251 A.D.2d 109 (N.Y. App. Div. 1998)
Case details for

People v. Elston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC ELSTON, Appellant

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 109 (N.Y. App. Div. 1998)
674 N.Y.S.2d 643

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