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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 142 (N.Y. App. Div. 1998)

Opinion

June 16, 1998

Appeal from the Supreme Court, New York County (George Daniels, J.).


The court properly modified its original Sandoval ruling. Defendant's statement, "I don't sell drugs", made on his direct examination, was misleading under the circumstances, and conveyed the impression that he had never sold drugs, thereby opening the door to impeachment by means of inquiry into his previously precluded conviction for criminal sale of a controlled substance ( see, People v. Fardan, 82 N.Y.2d 638; People v. Jones, 238 A.D.2d 251, lv denied 90 N.Y.2d 894).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 142 (N.Y. App. Div. 1998)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RIVERA, Appellant

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

Date published: Jun 16, 1998

Citations

251 A.D.2d 142 (N.Y. App. Div. 1998)
674 N.Y.S.2d 317

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