People v. Barrer

Appellate Division of the Supreme Court of New York

People v. Barrer

287 A.D.2d 396, 731 N.Y.S.2d 708, 2001 N.Y. App. Div. LEXIS 10211

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 2001

StatusPublished

This text of 287 A.D.2d 396 (People v. Barrer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barrer, 287 A.D.2d 396, 731 N.Y.S.2d 708, 2001 N.Y. App. Div. LEXIS 10211 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered August 13, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459). The court excluded any inquiry as to defendant’s four misdemeanor convictions but properly permitted the People to inquire into the nature and underlying facts of defendant’s two prior felony drug sale convictions as well as his use of an alias (People v Castrillo, 260 AD2d 280, lv denied 93 NY2d 1001) since these acts demonstrate defendant’s willingness to place his interests above those of society and have a direct bearing on his veracity. Concur — Williams, J. P., Andrias, Wallach, Lerner and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered August 13, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459). The court excluded any inquiry as to defendant’s four misdemeanor convictions but properly permitted the People to inquire into the nature and underlying facts of defendant’s two prior felony drug sale convictions as well as his use of an alias (People v Castrillo, 260 AD2d 280, lv denied 93 NY2d 1001) since these acts demonstrate defendant’s willingness to place his interests above those of society and have a direct bearing on his veracity. Concur — Williams, J. P., Andrias, Wallach, Lerner and Marlow, JJ.

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Bluebook (online)

287 A.D.2d 396, 731 N.Y.S.2d 708, 2001 N.Y. App. Div. LEXIS 10211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barrer-nyappdiv-2001.

Opinion

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