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People v. Mckay

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 408 (N.Y. App. Div. 1999)

Opinion

April 5, 1999

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


Ordered that the judgment is affirmed.

After a Sandoval hearing, the court ruled that if the defendant testified in his own behalf, the prosecutor would be permitted to cross-examine him about his prior conviction for the sale of cocaine in 1991. Contrary to the defendant's contention, the prosecutor was not automatically precluded from questioning him about his prior conviction simply because it was similar to the crime charged (see, People v. Pavao, 59 N.Y.2d 282, 292; People v. Johnson, 249 A.D.2d 417; People v. Carter, 212 A.D.2d 722).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, are without merit.

Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

People v. Mckay

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 408 (N.Y. App. Div. 1999)
Case details for

People v. Mckay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VAUGHN MCKAY, Appellant

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

Date published: Apr 5, 1999

Citations

260 A.D.2d 408 (N.Y. App. Div. 1999)
686 N.Y.S.2d 711

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