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People v. Rupnarain

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 498 (N.Y. App. Div. 2002)

Opinion

2000-01645

Submitted October 18, 2002.

November 18, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered January 26, 2000, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and assault in the second degree, upon his plea of guilty, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Elizabeth Manning of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill, and Susan Lee Kim of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371), permitting the prosecutor to cross-examine the defendant concerning two prior convictions of assault and robbery, was proper. Those convictions were relevant to the issues of the defendant's credibility as a witness and his willingness to place his interests above those of society (see People v. Bennette, 56 N.Y.2d 142; People v. Williams, 249 A.D.2d 427, 428).

The defendant's objections to the allegedly prejudicial comments made by the prosecutor during his cross-examination of defense witnesses and on summation are largely unpreserved for appellate review (see CPL 470.05), or are without merit (see People v. Singh, 299 A.D.2d 498 [decided herewith]).

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

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and LUCIANO, JJ., concur.


Summaries of

People v. Rupnarain

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 2002
299 A.D.2d 498 (N.Y. App. Div. 2002)
Case details for

People v. Rupnarain

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ROBERT RUPNARAIN, APPELLANT

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

Date published: Nov 18, 2002

Citations

299 A.D.2d 498 (N.Y. App. Div. 2002)
749 N.Y.S.2d 887

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