People v. McFadden

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

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.

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