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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 671 (N.Y. App. Div. 2008)

Opinion

No. 2006-06574.

March 11, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 28, 2006, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Gregory S. D'Incelli on the brief), for respondent.

Before: Lifson, J.P., Ritter, Florio and Carni, JJ.


Ordered that the judgment is affirmed.

The defendant's specific contentions regarding the Supreme Court's Sandoval ruling ( see People v Sandoval, 34 NY2d 371, 375) are unpreserved for appellate review ( see CPL 470.05; People v Jones, 41 AD3d 507; People v Melvin, 223 AD2d 604). In any event, the Supreme Court's ruling struck an appropriate balance between the probative value of the defendant's prior crimes on the issue of his credibility and the possible prejudice to him ( see People v Springer, 13 AD3d 657; People v Sobers, 272 AD2d 418; People v Dwyer, 243 AD2d 645).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 671 (N.Y. App. Div. 2008)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER A. SMITH…

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

Date published: Mar 11, 2008

Citations

49 A.D.3d 671 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2183
852 N.Y.S.2d 782

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