People v. McAllister

Appellate Division of the Supreme Court of New York

People v. McAllister

245 A.D.2d 184, 665 N.Y.S.2d 897, 1997 N.Y. App. Div. LEXIS 13153

Appellate Division of the Supreme Court of the State of New York·Decided December 18, 1997·Published·Cited by 6 cases

Opinion

—Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 7V2 to 15 years and 1 year, respectively, unanimously affirmed.

Defendant’s challenge to the trial court’s Sandoval ruling is unpreserved for appellate review as a matter of law since he failed to raise any objection to the court’s ultimate ruling [185]*185(People v Venero, 211 AD2d 566, lv denied 86 NY2d 785). Were we to review his claims, we would find that the ruling balanced the appropriate factors and was a proper exercise of discretion. Since the theft-related crimes in which defendant has specialized were highly relevant to credibility, defendant was not entitled to be shielded from impeachment (People v Post, 235 AD2d 299, lv denied 90 NY2d 862). Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 7V2 to 15 years and 1 year, respectively, unanimously affirmed.

Defendant’s challenge to the trial court’s Sandoval ruling is unpreserved for appellate review as a matter of law since he failed to raise any objection to the court’s ultimate ruling [185]*185(People v Venero, 211 AD2d 566, lv denied 86 NY2d 785). Were we to review his claims, we would find that the ruling balanced the appropriate factors and was a proper exercise of discretion. Since the theft-related crimes in which defendant has specialized were highly relevant to credibility, defendant was not entitled to be shielded from impeachment (People v Post, 235 AD2d 299, lv denied 90 NY2d 862). Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

People v. McAllister, 245 A.D.2d 184, 665 N.Y.S.2d 897, 1997 N.Y. App. Div. LEXIS 13153 (N.Y. Ct. App. 1997).

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Opinion

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