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People v. Post

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 299 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered April 6, 1994, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 3*/2 to 7 years and 1 year, respectively, and a $5,000 fine, unanimously affirmed.

Before: Sullivan, J. P., Wallach, Rubin, Tom and Andrias, JJ.


The trial court's Sandoval ruling was a proper exercise of discretion ( People v Walker, 83 NY2d 455). Defendant's theft-related convictions were highly relevant to his credibility, notwithstanding any similarity to the present charges ( see, People v Pavao, 59 NY2d 282, 292), and defendant cannot shield himself from impeachment simply because he has specialized in theft-related crimes.

We perceive no abuse of sentencing discretion. The record does not support defendant's contention that the court employed impermissible criteria in imposing sentence.


Summaries of

People v. Post

Appellate Division of the Supreme Court of New York, First Department
Jan 21, 1997
235 A.D.2d 299 (N.Y. App. Div. 1997)
Case details for

People v. Post

Case Details

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

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

Date published: Jan 21, 1997

Citations

235 A.D.2d 299 (N.Y. App. Div. 1997)
653 N.Y.S.2d 307

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