People v. Brown, 246 A.D.2d 396 (N.Y. App. Div. 1998). · Go Syfert
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People v. Brown, 246 A.D.2d 396 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
13 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Huebert (nyappdiv, 2006-06-09)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Huebert
N.Y. App. Div. · 2006 · confidence medium
The record establishes that defense counsel asked the same questions of both detectives on cross-examination as those asked by the prosecutor on direct examination concerning defendant’s intent to sell the LSD and thus defendant will not be heard to complain that he was prejudiced by the detectives’ answers to those questions (see generally People v Morales, 246 AD2d 396, 397 [1998], lv denied 91 NY2d 943 [1998]; People v Ramirez, 125 AD2d 343 [1986], lv denied 69 NY2d 885 [1987]).
discussed Cited as authority (rule) People v. Spragis
N.Y. App. Div. · 2004 · confidence medium
Since defense counsel did not object to this testimony as hearsay and, in fact, elicited it specifically to show that the test result obtained by the officer indicating the presence of opiates was not confirmed by laboratory testing, we consider any challenge to County Court’s consideration of this evidence to have been waived (see People v Morales, 246 AD2d 396, 397 [1998], lv denied 91 NY2d 943 [1998]; People v N’Guyen, 184 AD2d 274, 274 [1992]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Yvette Brown
Appellate Division of the Supreme Court of the State of New York.
Jan 15, 1998.
246 A.D.2d 396
1998 N.Y. App. Div. LEXIS 292
Published

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered September 28, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing her, as a second violent felony offender, to a term of 8 to 16 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 6 to 12 years, and otherwise affirmed.

Since the majority of defendant’s numerous prior convictions were theft-related and thus highly relevant to credibility, the court’s ruling permitting elicitation of the fact that two of defendant’s prior convictions were for petit larceny was an appropriate exercise of discretion (People v Sandoval, 34 NY2d 371, 377; People v Post, 235 AD2d 299, lv denied 90 NY2d 862).

We find the sentence excessive to the extent indicated. Concur—Rosenberger, J. P., Williams, Andrias and Colabella, JJ.