People v. Sales

Appellate Division of the Supreme Court of New York

People v. Sales

197 A.D.2d 360, 603 N.Y.S.2d 732, 1993 N.Y. App. Div. LEXIS 9024

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

DecidedOctober 5, 1993

StatusPublished

This text of 197 A.D.2d 360 (People v. Sales) 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. Sales, 197 A.D.2d 360, 603 N.Y.S.2d 732, 1993 N.Y. App. Div. LEXIS 9024 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered August 15, 1991, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

[361]*361Defendant’s contention that the trial court abused its discretion in permitting the People to impeach defendant’s witness with rebuttal testimony of a prior inconsistent statement is unpreserved for appellate review as a matter of law, and we decline to review in the interest of justice. If we were to review, we would find that a proper foundation was laid for the introduction of those portions of the witness’s prior statement she claimed not to remember (see, Richardson, Evidence § 502 [Prince 10th ed]), and that the testimony concerning the circumstances under which the statement was made did not reflect only upon the witness’s veracity as a general matter. In any event, the court’s instructions regarding the limited use that could be made of this evidence assured that its admission would not deprive defendant of a fair trial. Concur—Rosenberger, J. P., Ross, Asch and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered August 15, 1991, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

[361]*361Defendant’s contention that the trial court abused its discretion in permitting the People to impeach defendant’s witness with rebuttal testimony of a prior inconsistent statement is unpreserved for appellate review as a matter of law, and we decline to review in the interest of justice. If we were to review, we would find that a proper foundation was laid for the introduction of those portions of the witness’s prior statement she claimed not to remember (see, Richardson, Evidence § 502 [Prince 10th ed]), and that the testimony concerning the circumstances under which the statement was made did not reflect only upon the witness’s veracity as a general matter. In any event, the court’s instructions regarding the limited use that could be made of this evidence assured that its admission would not deprive defendant of a fair trial. Concur—Rosenberger, J. P., Ross, Asch and Rubin, JJ.

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Bluebook (online)

197 A.D.2d 360, 603 N.Y.S.2d 732, 1993 N.Y. App. Div. LEXIS 9024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sales-nyappdiv-1993.