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216 A.D.2d 112

People v. Hernandez

Appellate Division of the Supreme Court of the State of New York · decided 1995-06-15

Cited by 1 later decisions — most recently December 2002

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-15

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¶1Judgment, Supreme Court, New York County (Jay Gold, J.), rendered June 8, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of to 9 years, unanimously affirmed.

¶2Contrary to defendant’s contention, the trial court properly exercised its discretion when it ruled that should defendant testify, the prosecutor could question him about a 1986 robbery conviction, without indicating that it involved the use of a dangerous weapon or delving into the underlying facts (People v Sandoval, 34 NY2d 371, 377), despite defendant’s claim that he was the only defense witness and that he was deterred from testifying because of the court’s ruling (see, People v Lewis, 196 AD2d 742, lv denied 82 NY2d 898). Concur—Rosenberger, J. P., Wallach, Rubin and Mazzarelli, JJ.

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