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People v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 699 (N.Y. App. Div. 1992)

Opinion

March 2, 1992

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


Ordered that the judgment and the amended judgment are affirmed.

The defendant contends that he is entitled to a new trial under Indictment No. 13538/89 because the trial court impermissibly ruled that the prosecutor could cross-examine him about the details underlying a prior drug-related felony conviction (see, People v Sandoval, 34 N.Y.2d 371). He further contends that the adjudication of violation of probation under Indictment No. 12539/88 must also be reversed because it was premised solely on his more recent conviction.

While a "Sandoval compromise" could have been sensibly applied with respect to the defendant's prior drug-related felony conviction (see, People v Hicks, 88 A.D.2d 519; see also, People v Padilla, 123 A.D.2d 364; cf., People v Mannery, 151 A.D.2d 697), in light of the defendant's other involvement with the criminal justice system about which the People could properly have made inquiry, we are not persuaded that the ruling at issue unduly affected the defendant's decision not to testify in his own behalf (cf., People v Bearthea, 171 A.D.2d 751) or that, in light of the quality and quantity of the evidence against the defendant, a more appropriate Sandoval ruling would have otherwise affected the result (see, People v Hicks, supra).

In light of our determination that the judgment under Indictment No. 13538/89 should stand, the defendant's limited challenge under Indictment No. 12539/88 is without merit. Harwood, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

People v. Reese

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 699 (N.Y. App. Div. 1992)
Case details for

People v. Reese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW REESE…

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

Date published: Mar 2, 1992

Citations

181 A.D.2d 699 (N.Y. App. Div. 1992)
581 N.Y.S.2d 217

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