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People v. Smalls

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1987
128 A.D.2d 907 (N.Y. App. Div. 1987)

Opinion

March 30, 1987

Appeal from the Supreme Court, Kings County (Miller, J.).


Ordered that the judgment is affirmed.

Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish the defendant's guilt beyond a reasonable doubt.

Contrary to the defendant's contention, the trial court's Sandoval ruling does not warrant reversal of his conviction. It is settled that "questioning concerning other crimes is not automatically precluded simply because the crimes to be inquired about are similar to the crimes charged" (People v. Pavao, 59 N.Y.2d 282, 292; see also, People v. Brock, 125 A.D.2d 401). In this case, the defendant's prior convictions involved theft of property and, thus, were highly relevant to the issue of credibility. Accordingly, the trial court's ruling was not an abuse of discretion (see, People v. Sandoval, 34 N.Y.2d 371, 377; People v. James, 100 A.D.2d 552, 553).

Finally, under the circumstances of this case, the sentence imposed was not excessive (see, People v. Farrar, 52 N.Y.2d 302, 305; People v. Suitte, 90 A.D.2d 80, 86-87). Bracken, J.P., Weinstein, Rubin and Harwood, JJ., concur.


Summaries of

People v. Smalls

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1987
128 A.D.2d 907 (N.Y. App. Div. 1987)
Case details for

People v. Smalls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRELL SMALLS…

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

Date published: Mar 30, 1987

Citations

128 A.D.2d 907 (N.Y. App. Div. 1987)

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