Majority
p. 749The People of the State of New York, Respondent, v Russell Ferdinand, Appellant. [747 NYS2d 785]
The trial court properly ruled that the prosecutor could cross-examine the defendant about his prior out-of-state felony and misdemeanor convictions to demonstrate that he was willing to place his own interests over those of society (see People v Jamison, 228 AD2d 698 ; People v Pitts, 218 AD2d 715 ; People v Boseman, 161 AD2d 601 , 602).
The trial court properly determined that the defendant’s conviction of escape in Tennessee (see Tenn Code Ann § 39-16-605) was based upon acts which would constitute a
p. 750
felony in New York (see Penal Law § 205.10 [1]). Accordingly, the defendant was properly adjudicated a second felony offender (see Penal Law § 70.06 [1]; People v Muniz, 74 NY2d 464 ; People v Gonzalez, 61 NY2d 586 ).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. S. Miller, J.P., H. Miller, Schmidt and Cozier, JJ., concur.
Cases cited
- People v. Jamison 228 AD2d 698 p. 749
- People v. Boseman 161 AD2d 601 at 602 p. 749
- People v. Muniz 74 NY2d 464 p. 750
- People v. Gonzalez 61 NY2d 586 p. 750
- People v. Suitte 90 AD2d 80 p. 750