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People v. Ferdinand

297 A.D.2d 749, 747 N.Y.2d 785, 747 N.Y.S.2d 785, 2002 N.Y. App. Div. LEXIS 8679
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 23, 2002
StatusPublished

This text of 297 A.D.2d 749 (People v. Ferdinand) 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. Ferdinand, 297 A.D.2d 749, 747 N.Y.2d 785, 747 N.Y.S.2d 785, 2002 N.Y. App. Div. LEXIS 8679 (N.Y. Ct. App. 2002).

Opinion

The trial court properly ruled that the prosecutor could cross-examine the defendant about his prior out-of-state felony and misdemeanor convictions to demonstrate that he was willing to place his own interests over those of society (see People v Jamison, 228 AD2d 698; People v Pitts, 218 AD2d 715; People v Boseman, 161 AD2d 601, 602).

The trial court properly determined that the defendant’s conviction of escape in Tennessee (see Tenn Code Ann § 39-16-605) was based upon acts which would constitute a [750]*750felony in New York (see Penal Law § 205.10 [1]). Accordingly, the defendant was properly adjudicated a second felony offender (see Penal Law § 70.06 [1]; People v Muniz, 74 NY2d 464; People v Gonzalez, 61 NY2d 586).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. S. Miller, J.P., H. Miller, Schmidt and Cozier, JJ., concur.

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Related

People v. Gonzalez
463 N.E.2d 1210 (New York Court of Appeals, 1984)
People v. Muniz
547 N.E.2d 1160 (New York Court of Appeals, 1989)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Boseman
161 A.D.2d 601 (Appellate Division of the Supreme Court of New York, 1990)
People v. Pitts
218 A.D.2d 715 (Appellate Division of the Supreme Court of New York, 1995)
People v. Jamison
228 A.D.2d 698 (Appellate Division of the Supreme Court of New York, 1996)

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Bluebook (online)
297 A.D.2d 749, 747 N.Y.2d 785, 747 N.Y.S.2d 785, 2002 N.Y. App. Div. LEXIS 8679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferdinand-nyappdiv-2002.