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People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 565 (N.Y. App. Div. 2002)

Summary

In People v Levy (290 AD2d 565), our determination that the Supreme Court providently exercised its discretion in ruling that the prosecution could inquire into the defendant's prior knifepoint assault on a woman was based upon the facts and circumstances of that case.

Summary of this case from People v. Calderon

Opinion

1996-11434

Argued October 15, 2001.

January 28, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered November 27, 1996, convicting him of rape in the first degree, sodomy in the first degree (two counts), sexual abuse in the first degree (three counts), and burglary in the first degree, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Mitchell J. Briskey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.

Before: DAVID S. RITTER, ACTING P.J., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in ruling that the prosecution could inquire as to his past assault on a woman at knifepoint (see, People v. Mendez, 279 A.D.2d 434; People v. Hall, 243 A.D.2d 651; People v. Hightower, 163 A.D.2d 489; People v. Pavao, 59 N.Y.2d 282, 292; People v. Sandoval, 34 N.Y.2d 371). The defendant's past acts demonstrated his willingness to place his own interests ahead of those of society, and were relevant on the issue of his credibility (see, People v. Sandoval, supra; People v. Hightower, supra).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

RITTER, ACTING P.J., FLORIO, FRIEDMANN and COZIER, JJ., concur.


Summaries of

People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 565 (N.Y. App. Div. 2002)

In People v Levy (290 AD2d 565), our determination that the Supreme Court providently exercised its discretion in ruling that the prosecution could inquire into the defendant's prior knifepoint assault on a woman was based upon the facts and circumstances of that case.

Summary of this case from People v. Calderon

In People v. Levy, 290 A.D.2d 565, 736 N.Y.S.2d 618, our determination that the Supreme Court providently exercised its discretion in ruling that the prosecution could inquire into the defendant's prior knifepoint assault on a woman was based upon the facts and circumstances of that case.

Summary of this case from People v. Calderon
Case details for

People v. Levy

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WAVELL O. LEVY, appellant

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

Date published: Jan 28, 2002

Citations

290 A.D.2d 565 (N.Y. App. Div. 2002)
736 N.Y.S.2d 618

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