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People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 471 (N.Y. App. Div. 1998)

Opinion

August 10, 1998

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


Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court's Sandoval ruling deprived him of a fair trial is unpreserved for appellate review as he raised no objections and did not advance any arguments at the hearing (see, People v. Penafiel, 247 A.D.2d 411; People v. Melvin, 223 A.D.2d 604). In any event, the Supreme Court did not improvidently exercise its discretion in permitting the People to cross-examine the defendant, should he testify, about two of his six convictions, i.e., robbery and criminal possession of a controlled substance, his use of aliases and different birth dates, and his arrests on various bench warrants, as they demonstrate his willingness to place his interests above those of society and are particularly probative on the issue of his credibility (see, People v. Walker, 83 N.Y.2d 455; People v. Pavao, 59 N.Y.2d 282; People v. Sandoval, 34 N.Y.2d 371; People v. Johnson, 249 A.D.2d 417).

The defendant's general motion to dismiss the indictment at the end of the People's case failed to preserve his claim regarding the legal sufficiency of the evidence (see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are unpreserved for appellate review, and, in any event, without merit.

Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 471 (N.Y. App. Div. 1998)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT TAYLOR…

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

Date published: Aug 10, 1998

Citations

253 A.D.2d 471 (N.Y. App. Div. 1998)
675 N.Y.S.2d 320

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