People v. Hernandez

216 A.D.2d 112, 628 N.Y.S.2d 278, 1995 N.Y. App. Div. LEXIS 6348

Opinion

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered June 8, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of to 9 years, unanimously affirmed.

Contrary to defendant’s contention, the trial court properly exercised its discretion when it ruled that should defendant testify, the prosecutor could question him about a 1986 robbery conviction, without indicating that it involved the use of a dangerous weapon or delving into the underlying facts (People v Sandoval, 34 NY2d 371, 377), despite defendant’s claim that he was the only defense witness and that he was deterred from testifying because of the court’s ruling (see, People v Lewis, 196 AD2d 742, lv denied 82 NY2d 898). Concur—Rosenberger, J. P., Wallach, Rubin and Mazzarelli, JJ.