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People v. Mitchell

232 A.D.2d 235 Court N.Y. App. Div. Decision date 1996-10-10 English

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p. 235
The People of the State of New York, Respondent, v Latonya Mitchell, Appellant.
[648 NYS2d 435]

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered August 9,1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing her, as a second felony offender, to concurrent terms of Alh to 9 years, unanimously affirmed.

Given defendant’s lengthy criminal history, the trial court’s Sandoval ruling struck an appropriate balance even though the prosecutor was permitted to elicit two drug-related felonies, including attempted criminal sale of a controlled substance, and several misdemeanors, without reference to the underlying facts (People v Rahman, 46 NY2d 882 ; People v Couvertier, 222 AD2d 239 , lv denied 87 NY2d 971 ). Contrary to defendant’s claim, her drug convictions had a direct bearing on her credibility (People v Smith, 217 AD2d 520 , 522, citing People v Lucas, 160 AD2d 330 , lv denied 76 NY2d 860 ). We have reviewed defendant’s remaining claims and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Ross, Williams and Andrias, JJ.

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