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People v. Rahman

Court of Appeals of the State of New York
Feb 8, 1979
46 N.Y.2d 882 (N.Y. 1979)

Opinion

Argued January 5, 1979

Decided February 8, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FLORENCE M. KELLEY, J.

Allen R. Mass for appellant.

Robert M. Morgenthau, District Attorney (David H. Steiner and Robert M. Pitler of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The record does not demonstrate that the trial court abused its discretion when it ruled that the prosecution would be permitted to impeach the credibility of the defendant, if he took the stand, by confronting him with two of his prior narcotics convictions. Indeed, there is nothing to indicate that the court did not in fact actually balance the probative worth of the impeaching material against the risk that it might be taken as an indication of a propensity to commit the crimes charged and the fear that its admission might unfairly deter him from testifying at trial (see People v Mayrant, 43 N.Y.2d 236-240; People v Sandoval, 34 N.Y.2d 371, 378).

Nor does it appear that the court precluded counsel from bringing to its attention any considerations that appropriately should have entered into its determination or that it refused to weigh those that were urged upon it. In particular, there is no reason to conclude that the Trial Judge misapprehended or overlooked her discretionary obligation or refused to apply it in ruling on defendant's motion (cf. People v Davis, 44 N.Y.2d 269 ; People v Mayrant, supra, at p 240; People v Caviness, 38 N.Y.2d 227, 233). Here, to the contrary, the court ruled out the use of another of defendant's drug convictions and the underlying facts of one of those admitted.

Finally, as to the other errors assigned by the defendant, suffice it to say that, under the circumstances of this case, we find they were no more than permissible exercises of the Trial Judge's discretion.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

Order affirmed in a memorandum.


Summaries of

People v. Rahman

Court of Appeals of the State of New York
Feb 8, 1979
46 N.Y.2d 882 (N.Y. 1979)
Case details for

People v. Rahman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALI RAHMAN, Appellant

Court:Court of Appeals of the State of New York

Date published: Feb 8, 1979

Citations

46 N.Y.2d 882 (N.Y. 1979)
414 N.Y.S.2d 683
387 N.E.2d 614

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