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People v. Burnett

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 509 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by making the sentence imposed by judgment rendered March 26, 1996, run concurrently with the sentence imposed by judgment of the same court, rendered August 14, 1995; as so modified, the judgment is affirmed.

Contrary to the defendant's contentions, the Supreme Court's Sandoval ruling was proper. The record demonstrates that the court engaged in a proper balancing between the probative value of the prior convictions for impeachment purposes and the prejudicial effect of such impeachment upon the defendant (see, People v. Sandoval, 34 N.Y.2d 371, 376).

However, the sentence imposed was excessive to the extent indicated herein.

Miller, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

People v. Burnett

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 509 (N.Y. App. Div. 1997)
Case details for

People v. Burnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BURNETT, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 1997

Citations

240 A.D.2d 509 (N.Y. App. Div. 1997)
659 N.Y.S.2d 779

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