From Casetext: Smarter Legal Research

People v. Telesford

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2003
2 A.D.3d 757 (N.Y. App. Div. 2003)

Summary

affirming conviction and 18-years-to-life sentence

Summary of this case from Telesford v. Annucci

Opinion

2002-00434.

December 22, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 3, 2002, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Scott J. Splittgerber, and Erik M. Zissu of counsel), for respondent.

Before: STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court's Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371) properly permitted the prosecutor to inquire about the defendant's previous convictions of certain crimes, and his use of aliases upon his arrest for the crimes leading to those convictions. It is well-established that "[c]onvictions involving theft, such as robbery, are highly relevant to the issue of credibility because they demonstrate the defendant's willingness to deliberately further his self-interest at the expense of society" ( People v. Creel, 215 A.D.2d 577, 578). Similarly, a defendant's use of aliases is highly probative of his credibility ( see People v. Fulford, 280 A.D.2d 682). Moreover, the Supreme Court did not permit the prosecution to ask the defendant about all of his previous convictions, and prohibited the prosecution from inquiring about the underlying facts of any of the convictions. Thus, the Supreme Court providently exercised its discretion in making its Sandoval ruling ( see People v. Fulford, supra).

The defendant's contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review and, in any event, without merit ( see People v. McKenzie, 298 A.D.2d 409; People v. Rice, 285 A.D.2d 617).

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

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.


Summaries of

People v. Telesford

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 2003
2 A.D.3d 757 (N.Y. App. Div. 2003)

affirming conviction and 18-years-to-life sentence

Summary of this case from Telesford v. Annucci
Case details for

People v. Telesford

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MARCUS TELESFORD, appellant

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

Date published: Dec 22, 2003

Citations

2 A.D.3d 757 (N.Y. App. Div. 2003)
770 N.Y.S.2d 118

Citing Cases

People v. Seymour

The defendant's challenge to the County Court's Sandoval ruling ( see People v Sandoval, 34 NY2d 371) lacks…

People v. Diaz

The defendant's challenge to the trial court's Sandoval ruling ( see People v Sandoval, 34 NY2d 371) is…