People v. Adams, 39 A.D.3d 1081 (N.Y. App. Div. 2007). · Go Syfert
People v. Adams, 39 A.D.3d 1081 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Bowes
N.Y. App. Div. · 2022 · confidence medium
Trial courts "have broad discretion 'as to which prior convictions . . . can be inquired about and the extent of such inquiry'" ( People v Cole , 177 AD3d at 1100, quoting People v Adams , 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Cole
N.Y. App. Div. · 2019 · confidence medium
There is no dispute that trial courts have broad discretion "as to which prior convictions . . . can be inquired about and the extent of such inquiry" ( People v Adams , 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2017 · confidence medium
“The determination as to which prior convictions and bad acts can be inquired about and the extent of such inquiry rests primarily within the discretion of the trial court” (People v Adams, 39 AD3d 1081, 1082 [2007] [citation omitted], lv denied 9 NY3d 872 [2007]; see People v Hayes, 97 NY2d 203, 207-208 [2002]; People v Sandoval, 34 NY2d 371, 375 [1974]).
discussed Cited as authority (rule) People v. McCommons
N.Y. App. Div. · 2016 · confidence medium
Next, we reject defendant’s contention that Supreme Court erred in its Sandoval ruling permitting the People to cross-examine defendant, if he testified at trial, about a 2003 conviction for criminal contempt in the first degree, a 2003 probation violation and a 2010 administrative finding of obstruction of governmental administration. 2 Contrary to defendant’s claim, the fact that an administrative finding in a prison disciplinary proceeding does not constitute a criminal conviction does not preclude its use in cross-examination where, as here, its probative value on the issue of a defend…
discussed Cited as authority (rule) People v. Powell
N.Y. App. Div. · 2015 · confidence medium
Notably, defendant failed to preserve this claim by raising any objections at trial (see People v Adams, 39 AD3d 1081, 1083 [2007], lv denied 9 NY3d 872 [2007]; People v Nichols, 257 AD2d 851, 853 [1999], lv denied 93 NY2d 901 [1999]). * Peters, P.J., Egan Jr. and Rose, JJ., concur.
discussed Cited as authority (rule) People v. Andujar
N.Y. App. Div. · 2013 · confidence medium
Since there is a possibility that the defendant might be subject to a new trial, we note that the Supreme Court did not improvidently exercise its discretion in ruling that the People could impeach the defendant’s credibility, should he testify, with questioning regarding his prison disciplinary record {see People v Sandoval, 34 NY2d 371 [1974]; People v Adams, 39 AD3d 1081, 1082 [2007]; People v Porter, 305 AD2d 933, 934 [2003]; People v Veneracion, 268 AD2d 363 [2000]).
discussed Cited as authority (rule) People v. Andujar
N.Y. App. Div. · 2013 · confidence medium
Since there is a possibility that the defendant might be subject to a new trial, we note that the Supreme Court did not improvidently exercise its discretion in ruling that the People could impeach the defendant’s credibility, should he testify, with questioning regarding his prison disciplinary record {see People v Sandoval, 34 NY2d 371 [1974]; People v Adams, 39 AD3d 1081, 1082 [2007]; People v Porter, 305 AD2d 933, 934 [2003]; People v Veneracion, 268 AD2d 363 [2000]).
discussed Cited as authority (rule) People v. Andujar
N.Y. App. Div. · 2012 · confidence medium
Since a new trial is required, we note that the Supreme Court did not improvidently exercise its discretion in ruling that the People could impeach the defendant’s credibility, should he testify, with questioning regarding his prison disciplinary record (see People v Sandoval, 34 NY2d 371 [1974]; People v Adams, 39 AD3d 1081, 1082 [2007]; People v Porter, 305 AD2d 933, 934 [2003]; People v Veneracion, 268 AD2d 363 [2000]).
discussed Cited as authority (rule) People v. Andujar
N.Y. App. Div. · 2012 · confidence medium
Since a new trial is required, we note that the Supreme Court did not improvidently exercise its discretion in ruling that the People could impeach the defendant’s credibility, should he testify, with questioning regarding his prison disciplinary record (see People v Sandoval, 34 NY2d 371 [1974]; People v Adams, 39 AD3d 1081, 1082 [2007]; People v Porter, 305 AD2d 933, 934 [2003]; People v Veneracion, 268 AD2d 363 [2000]).
discussed Cited as authority (rule) People v. Muniz
N.Y. App. Div. · 2012 · confidence medium
The majority of the alleged instances that defendant asserts constituted prosecutorial misconduct were not preserved for our review (see People v Williams, 8 NY3d 854, 855 [2007]) and, in any event, any such conduct was not so egregious or pervasive as to deprive defendant of a fair trial (see People v Dickson, 58 AD3d 1016, 1018 [2009], lv denied 12 NY3d 852 [2009]; People v Adams, 39 AD3d 1081, 1083 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Wilson
N.Y. App. Div. · 2010 · confidence medium
Next, we are unpersuaded that Supreme Court abused its discretion in reaching its Sandoval ruling. “ ‘The determination as to which prior convictions . . . can be inquired about and the extent of such inquiry rests primarily within the discretion of the trial court’ ” (People v Caston, 60 AD3d 1147, 1148 [2009], quoting People v Adams, 39 AD3d 1081, 1082 [2007], Iv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Terraine Slide (2×) also: Cited "see"
N.Y. App. Div. · 2010 · confidence medium
Criminal Procedure Law § 240.43 provides, in relevant part, that “[u]pon a request by a defendant, the prosecutor shall notify the defendant of all specific instances of a defendant’s prior uncharged criminal, vicious or immoral conduct of which the prosecutor has knowledge and which the prosecutor intends to use at trial for purposes of impeaching the credibility of the defendant.” (See People v Grant, 7 NY3d 421, 424 [2006]; People v Kello, 96 NY2d 740, 743-744 [2001]; People v Adams, 39 AD3d 1081, 1082 [2007].) In its discretion and in the interest of justice, the trial court “must…
discussed Cited as authority (rule) People v. Guay
N.Y. App. Div. · 2010 · confidence medium
The remaining challenges now raised were not preserved for appellate review by appropriate objections (see People v Williams, 8 NY3d 854, 855 [2007]; People v Adams, 39 AD3d 1081, 1083 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2010 · confidence medium
We discern no error in County Court’s Sandoval ruling. “ ‘The determination as to which prior convictions . . . can be inquired about and the extent of such inquiry rests primarily within the discretion of the trial court’ ” (People v Caston, 60 AD3d 1147, 1148 [2009], quoting People v Adams, 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]; see People v Moore, 59 AD3d 809, 811 [2009]; People v Lemke, 58 AD3d 1078, 1078-1079 [2009]).
discussed Cited as authority (rule) People v. Asai
N.Y. App. Div. · 2009 · confidence medium
We also find no abuse of discretion in Supreme Court’s admission of certain evidence of defendant’s uncharged crimes and prior bad acts (see People v Rojas, 97 NY2d 32, 37-38 [2001]; People v Adams, 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2009 · confidence medium
Violations of prison disciplinary rules evince a similar refusal to abide by the rules of society, which the court may weigh in determining whether the People may inquire of defendant concerning those violations (see People v Watkins, 49 AD3d 908, 909 [2008], lv denied 10 NY3d 965 [2008]; People v Adams, 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Caston
N.Y. App. Div. · 2009 · confidence medium
“The determination as to which prior convictions . . . can be inquired about and the extent of such inquiry rests primarily within the discretion of the trial court” (People v Adams, 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007] [citations omitted]; see People v Valderama, 25 AD3d 819, 820 [2006], lv denied 6 NY3d 854 [2006]).
discussed Cited as authority (rule) People v. Watkins
N.Y. App. Div. · 2008 · confidence medium
These prior acts bore directly on defendant’s credibility and willingness to further his own interests at the expense of society; it cannot be said that their potential prejudice outweighed their probativeness on defendant’s believability as a witness so as to warrant their exclusion (see People v Grant, 7 NY3d 421, 425-426 [2006]; People v Hayes, 97 NY2d 203, 208 [2002]; People v Gray, 84 NY2d 709, 712 [1995]; People v Adams, 39 AD3d 1081, 1082 [2007], lv denied 9 NY3d 872 [2007]).
discussed Cited as authority (rule) People v. Boodrow
N.Y. App. Div. · 2007 · confidence medium
Next, we find no abuse of discretion in the Sandoval determination made by County Court (see People v Gray, 84 NY2d 709, 712 [1995]; People v Sandoval, 34 NY2d 371, 374 [1974]; People v Adams, 39 AD3d 1081, 1082 [2007]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Clarence Adams
Appellate Division of the Supreme Court of the State of New York.
Apr 26, 2007.
39 A.D.3d 1081
Lahtinen.
Cited by 19 opinions  |  Published
Lahtinen, J.

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered February 6, 2004, upon a verdict convicting defendant of two counts of the crime of assault in the second degree.

Defendant, an inmate, allegedly struck a correction officer in[*1082] the face with his fist, knocking him to the ground and causing him to sustain various injuries. When other officers responded, defendant charged at one, grabbing him around the neck and biting his shoulder. He was indicted on two counts of assault in the second degree. At a Sandoval hearing, County Court ruled that the People would be precluded from inquiring about felony convictions from 1989 and 1990. The court permitted inquiry about the existence of robbery convictions from 1993 and 1999, but not the facts underlying those convictions. The next day, the People supplemented the Sandoval material by seeking permission to question defendant about his prison disciplinary history, and such permission was granted. At the ensuing trial, defendant elected to testify and the prosecutor cross-examined him extensively regarding his prison disciplinary record. The jury convicted defendant of both counts of assault in the second degree and, following sentencing, this appeal ensued.

Defendant first argues that the scope of questioning that County Court permitted regarding his prison disciplinary record constituted reversible error. “A criminal defendant who chooses to testify may be cross-examined concerning prior criminal, vicious or immoral acts that bear logically on that individual’s credibility as a witness” (People v Gray, 84 NY2d 709, 712 [1995]; see People v Sandoval, 34 NY2d 371, 376 [1974]). The determination as to which prior convictions and bad acts can be inquired about and the extent of such inquiry rests primarily within the discretion of the trial court (see People v Hayes, 97 NY2d 203, 207-208 [2002]; People v Gray, supra at 712). “[I]t is the defendant who has the burden ‘of demonstrating that the prejudicial effect of the admission of evidence [of prior convictions and misconduct] for impeachment purposes would so far outweigh the probative worth of such evidence on the issue of credibility as to warrant its exclusion’ ” (People v Grant, 7 NY3d 421, 425-426 [2006], quoting People v Sandoval, supra at 378). When properly weighed and considered, it is within the trial court’s discretion to allow questioning regarding a defendant’s prison disciplinary record (see People v Porter, 305 AD2d 933, 934 [2003], lv denied 100 NY2d 586 [2003]; People v Anderson, 299 AD2d 578, 579 [2002], lv denied 99 NY2d 580 [2003]; People v Camacho, 286 AD2d 800, 800-801 [2001], lv denied 97 NY2d 655 [2001]; People v Delacruz, 127 AD2d 887, 888 [1987]).

Here, the questioning about defendant’s prison disciplinary history was more detailed than generally should be countenanced. Review of the trial record reveals, however, that the length of the questioning was due, in part, to defendant’s evasive or incorrect answers. For example, when asked an initial[*1083] general question about his disciplinary record, defendant—who had about 20 infractions in the prior three years—characterized his record as “satisfactory.” This prompted inquiries about some specific findings, many of which defendant was far from direct in answering. Several times he interjected comments that protracted this line of questioning. Under the circumstances presented, we are unpersuaded that County Court abused its discretion. Even if we were to find such an abuse in the drawn out questioning on this issue, we would find the error harmless in light of the overwhelming proof, including several eyewitnesses and defendant’s admission that he got into a “scuffle” with the officers (see generally People v Grant, supra at 424; People v Nichols, 257 AD2d 851, 852 [1999], lv denied 93 NY2d 901 [1999]).

Next, defendant contends that misconduct by the prosecutor deprived him of a fair trial. However, the vast majority of the alleged instances that defendant asserts constituted prosecutorial misconduct were not preserved for review (see People v Williams, 8 NY3d 854 [2007]) and, in any event, do not merit reversal under the totality of the circumstances of this case (see People v Nichols, supra at 852).

Defendant’s final contention, in which he characterizes the evidence of physical injury to the officer he bit as “barely sufficient,” has been considered and found unavailing under the well-settled standards of review for both legal sufficiency and weight of the evidence (see generally People v Bleakley, 69 NY2d 490 [1987]).

Mercure, J.E, Spain, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.