AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE, ETC., respondent, v. WILLIAM RIVERA, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371). A defendant is not shielded from cross examination merely because he or she specializes in one particular form of criminal conduct ( see People v. Hayes, 97 N.Y.2d 203, 208; People v. Pavao, 59 N.Y.2d 282, 292; People v. Carrion, 265 A.D.2d 564, 565). In addition, the age of some of the defendant's prior convictions did not, by itself, mandate preclusion ( see People v. Walker, 83 N.Y.2d 455, 459; People v. Patterson, 88 A.D.2d 694, affd 59 N.Y.2d 794; People v. Simmons, 213 A.D.2d 433, 434; People v. Scott, 118 A.D.2d 881).

The defendant's contention that his sentencing as a persistent felony offender violated his constitutional rights to notice and a jury trial pursuant to Apprendi v. New Jersey ( 530 U.S. 466) is without merit ( see People v. Rosen, 96 N.Y.2d 329, cert denied 534 U.S. 899).

SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. RIVERA
(Dec 8, 2003)