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People v. Hilaire

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1995
211 A.D.2d 642 (N.Y. App. Div. 1995)

Opinion

January 9, 1995

Appeal from the Supreme Court, Queens County (Flaherty, J.).


Ordered that the judgment is affirmed.

At the trial, the defendant failed to challenge the Sandoval ruling on the ground that it violated his right against self-incrimination. Therefore, any challenge to the ruling on that ground is unpreserved for appellate review (see, People v Pavao, 59 N.Y.2d 282; People v. Brito, 179 A.D.2d 666; People v Yoong Boom Kim, 170 A.D.2d 707).

Moreover, we find no merit to the defendant's contention that the court's Sandoval ruling, which permitted the prosecutor to question him, if he testified, as to his participation in an uncharged robbery committed the same night, and in the same general location as the crimes for which the defendant was on trial, was improper. In reaching that determination, the court properly balanced the probative value of the evidence against its potential for impermissible prejudice in reaching that determination (see, People v. Dillon, 189 A.D.2d 775; see also, People v. Sandoval, 34 N.Y.2d 371; cf., People v. Moore, 156 A.D.2d 394).

The defendant's remaining contention does not require reversal. Rosenblatt, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

People v. Hilaire

Appellate Division of the Supreme Court of New York, Second Department
Jan 9, 1995
211 A.D.2d 642 (N.Y. App. Div. 1995)
Case details for

People v. Hilaire

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER HILAIRE…

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

Date published: Jan 9, 1995

Citations

211 A.D.2d 642 (N.Y. App. Div. 1995)
621 N.Y.S.2d 892

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