People v. Gray

646 N.E.2d 444, 84 N.Y.2d 709, 622 N.Y.S.2d 223, 1995 N.Y. LEXIS 8
CourtNew York Court of Appeals
DecidedJanuary 10, 1995
StatusPublished
Cited by116 cases

This text of 646 N.E.2d 444 (People v. Gray) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Gray, 646 N.E.2d 444, 84 N.Y.2d 709, 622 N.Y.S.2d 223, 1995 N.Y. LEXIS 8 (N.Y. 1995).

Opinions

[711]*711OPINION OF THE COURT

Ciparick, J.

May defendant’s previous conviction of a felony in Maryland when he was 15 years old constitute cross-examination material at his New York murder and robbery trial even though the Maryland conviction would have resulted in a juvenile delinquency adjudication in New York? We hold that the trial courts’ traditional, broad Sandoval discretion controls this question and decline to adopt a per se rule automatically excluding the out-of-State conviction.

Around 2:30 a.m. on July 12, 1990, a police officer discovered the body of Harry Rhodes slumped over the steering wheel of his truck parked outside a beer distributor’s warehouse in upper Manhattan. Rhodes had been shot to death. The door at the rear of the truck was open and the driver’s side window was broken. Inside, the glove compartment was open and papers were strewn across the floor of the cab and the passenger seat. A wallet and personal documents belonging to Rhodes were found under the stairwell of a nearby building.

The following day, defendant and five others were arrested in connection with the murder and robbery. Defendant gave a written statement to a detective and made a second, videotaped statement to an Assistant District Attorney. In both statements defendant admitted to participating in the robbery of Rhodes.

Defendant made a pretrial Sandoval motion to preclude the People from using his prior convictions to impeach his credibility in the event he testified in his own behalf (see, People v Sandoval, 34 NY2d 371). The motion was addressed to a 1990 misdemeanor conviction in New York for criminal trespass and a 1989 Maryland felony conviction for cocaine trafficking when defendant was 15 years old. The trial court denied the motion in its entirety.

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Bluebook (online)
646 N.E.2d 444, 84 N.Y.2d 709, 622 N.Y.S.2d 223, 1995 N.Y. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gray-ny-1995.