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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ORTIZ, Also Known as ROBERTO MARTINO, Appellant.

Although defendant's prior manslaughter conviction was 16 years old, the Sandoval court did not abuse its discretion in permitting the People to elicit, if defendant took the stand, solely that defendant had been convicted of a felony (People v Ricks, 135 A.D.2d 844). Remoteness alone does not require preclusion for impeachment purposes, particularly where, as here, defendant spent eight of those years in prison (supra, at 845; People v Scott, 118 A.D.2d 881, 882, lv denied 67 N.Y.2d 1056). Furthermore, the Sandoval court utilized a compromise in precluding inquiry into the nature of the manslaughter conviction, which would have revealed that defendant intentionally shot his victim over a dispute. Defendant's claim that he was denied effective assistance of counsel is conclusory and without factual support in the record. His remaining "claims" have been considered, to the extent preserved, and deemed meritless.

We note that evidence of defendant's guilt was overwhelming.

Concur — Kupferman, J.P., Milonas, Kassal and Ellerin, JJ.

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PEOPLE v. ORTIZ
(Dec 12, 1989)