People v. McFadden

Appellate Division of the Supreme Court of New York

People v. McFadden

259 A.D.2d 279, 687 N.Y.S.2d 87, 1999 N.Y. App. Div. LEXIS 2281

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

DecidedMarch 4, 1999

StatusPublished

Cited by1 cases

This text of 259 A.D.2d 279 (People v. McFadden) 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. McFadden, 259 A.D.2d 279, 687 N.Y.S.2d 87, 1999 N.Y. App. Div. LEXIS 2281 (N.Y. Ct. App. 1999).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 10 to 20 years, unanimously affirmed.

The court’s mid-trial modification of its Sandoval ruling did not violate defendant’s right to a fair trial since his statement: “I never robbed anybody” opened the door to the challenged questions (People v Wilkens, 239 AD2d 105, lv denied 90 NY2d 899). Taken in context, defendant’s statement was not limited to a simple denial of commission of the acts charged.

[280]*280We find no abuse of sentencing discretion. Concur — Ellerin, J. P., Nardelli, Williams and Andrias, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 10 to 20 years, unanimously affirmed.

The court’s mid-trial modification of its Sandoval ruling did not violate defendant’s right to a fair trial since his statement: “I never robbed anybody” opened the door to the challenged questions (People v Wilkens, 239 AD2d 105, lv denied 90 NY2d 899). Taken in context, defendant’s statement was not limited to a simple denial of commission of the acts charged.

[280]*280We find no abuse of sentencing discretion. Concur — Ellerin, J. P., Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

259 A.D.2d 279, 687 N.Y.S.2d 87, 1999 N.Y. App. Div. LEXIS 2281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcfadden-nyappdiv-1999.

Opinion

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