People v. Ruiz

Appellate Division of the Supreme Court of New York

People v. Ruiz

205 A.D.2d 647, 613 N.Y.S.2d 226

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1994·Published·Cited by 3 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered May 28, 1992, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court’s Sandoval ruling deprived him of a fair trial. While the court’s ruling was in contravention of the rule that the People may not use a youthful offender violation to impeach the defendant (see, People v Dudley, 143 AD2d 764), the error was harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Miller, Copertino and Hart, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered May 28, 1992, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court’s Sandoval ruling deprived him of a fair trial. While the court’s ruling was in contravention of the rule that the People may not use a youthful offender violation to impeach the defendant (see, People v Dudley, 143 AD2d 764), the error was harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Miller, Copertino and Hart, JJ., concur.

People v. Ruiz, 205 A.D.2d 647, 613 N.Y.S.2d 226 (N.Y. Ct. App. 1994).

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Opinion

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