PEOPLE v. WITZIGMAN

Appellate Division of the Supreme Court of New York, Fourth Department.

Jun 14, 2002

Judgment

CaseIQ

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MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Contrary to defendant's contention, County Court's Sandoval ruling did not constitute an abuse of discretion ( see People v. Hayes, 97 N.Y.2d 203, 207-208). By ruling that defendant could be asked on cross-examination whether he previously had been convicted of a felony and two misdemeanors without reference to the underlying criminal acts, the court properly balanced the probative value of that evidence against its potential for prejudice ( see People v. Walker, 83 N.Y.2d 455, 458-459; People v. Wheeler, 281 A.D.2d 949, lv denied 96 N.Y.2d 836; People v. Brockway, 277 A.D.2d 482, 485).