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People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 783 (N.Y. App. Div. 2005)

Opinion

2002-08144.

May 23, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered August 29, 2002, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Before: Adams, J.P., Krausman, Rivera and Fisher, JJ., concur.


Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in its Sandoval ruling ( see People v. Sandoval, 34 NY2d 371), which permitted the prosecutor to impeach him with the underlying facts of a youthful offender adjudication concerning a robbery in 1988. We disagree. "[T]he illegal or immoral acts underlying [a youthful offender] adjudication may be employed" for the purpose of impeachment ( People v. Duffy, 36 NY2d 258, 264, cert denied 423 US 861; see People v. Greer, 42 NY2d 170, 176; People v. Randolph, 181 AD2d 801, affd 81 NY2d 868). Here, the underlying acts included the taking of property. As such, they were "highly relevant to the issue of credibility because they demonstrate[d] the defendant's willingness to deliberately further his self-interest at the expense of society" ( People v. Creel, 215 AD2d 577, 578; see People v. Telesford, 2 AD3d 757, 758). Moreover, the record demonstrates that the court engaged in a proper balancing between the probative value of the acts underlying the adjudication for impeachment purposes and the prejudicial effect of such impeachment upon the defendant ( see People v. Sandoval, supra at 376; People v. Randolph, 181 AD2d 801, supra).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15; People v. Bleakley, 69 NY2d 490; People v. McCrimmon, 131 AD2d 598).

The defendant's remaining contention is without merit.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 783 (N.Y. App. Div. 2005)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDOLPH TAYLOR…

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

Date published: May 23, 2005

Citations

18 A.D.3d 783 (N.Y. App. Div. 2005)
794 N.Y.S.2d 919

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