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People v. Brown

277 A.D.2d 29 Court N.Y. App. Div. Decision date 2000-11-09 English

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p. 29
The People of the State of New York, Respondent, v Frank Brown, Appellant.
[716 NYS2d 565]

—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered July 13, 1998, convicting defendant, after a jury trial, of grand larceny in the third degree and criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3V2 to 7 years, unanimously affirmed.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455 , 458-459; People v Mattiace, 77 NY2d 269 , 275-276; People v Pavao, 59 NY2d 282 , 292). Defendant’s three felony convictions were theft-related and thus were particularly relevant to credibility, and the court was under no obligation to preclude the People from referring to these convictions by name. Concur — Sullivan, P. J., Rosenberger, Williams, Ellerin and Buckley, JJ.

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