People v. Hogencamp
| Decision Date | 06 June 2002 |
| Citation | 295 A.D.2d 643,743 N.Y.S.2d 608 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ALVIN M. HOGENCAMP, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Defendant was arrested for a series of burglaries which occurred in the Town of Colchester, Delaware County. While incarcerated in the Delaware County Jail, defendant authored and mailed a letter to the Town's Chief of Police, a prosecution witness with respect to the burglaries, which contained threats to kill the Chief and sodomize his wife. As a result, defendant was indicted for intimidating a victim or witness in the third degree (a class E felony) and aggravated harassment in the second degree (a class A misdemeanor). The jury convicted defendant of only the misdemeanor count and he appeals, alleging that County Court erred in its Sandoval ruling and that he received ineffective assistance of counsel.
Defendant's specific Sandoval objection is that County Court ruled, inter alia, that if defendant testified, the People could cross-examine him about an October 22, 1998 conviction for harassment in the second degree and the underlying conduct. Defendant's argument is that this crime is so similar to the crime charged in the second count of the indictment that cross-examination concerning it created an impermissible risk of unfair prejudice. In its Sandoval ruling, not only did County Court prohibit the People from questioning defendant about arrests which did not result in convictions, but it further prohibited the People from asking defendant about his recent burglary convictions and a November 17, 1998 harassment conviction. County Court permitted cross-examination with respect to the October 22, 1998 harassment conviction because it originated as a charge of sexual misconduct, a crime not similar to the second count of this indictment. County Court also permitted cross-examination for a conviction for grand larceny, petit larceny and unauthorized use of a vehicle as probative of defendant's credibility. In our view, County Court struck an appropriate balance between the probative value of these prior convictions and the risk of unfair prejudice to defendant (see, People v Williams, 56 NY2d 236, 237-238; People v Pollock, 50 NY2d 547, 549). Similarity between a prior conviction and a current charge is only one factor to be considered by the court in exercising its discretion in making a Sandoval ruling (see, People v Hayes, 97 NY2d 203, 206-207). Here, contrary to defendant's claim of abuse, we find that County Court carefully and properly exercised its discretion in making this ruling (see, People v Shields, 46 NY2d 764, 765; People v Sandoval, 34 NY2d 371, 375).
Defendant's claim of ineffective assistance of counsel is based on his counsel's summation to the jury. Counsel, while arguing that there was insufficient evidence to prove beyond a reasonable doubt two elements of the felony charge, conceded that the letter sent by defendant constituted aggravated harassment in...
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Nowakowski v. People
...a conviction for harassment in the second degree can be the subject of proper cross-examination. See People v. Hogencamp , 295 A.D.2d 643, 643–44, 743 N.Y.S.2d 608 (N.Y. 3d Dep't 2002) ; see also N.Y. CRIM. PROC. LAW § 60.40[1] (permitting independent proof of conviction where it is a prope......
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...procured. This mere disagreement with trial strategy, however, does not amount to ineffective assistance (see People v. Hogencamp, 295 A.D.2d 643, 644, 743 N.Y.S.2d 608 [2002], lv denied 98 N.Y.2d 697, 747 N.Y.S.2d 416, 776 N.E.2d 5 [2002] ). Viewing the record in its entirety, defendant re......
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... ... Defendant also ... faults his counsel for not stating on summation that his ... confession was illegally procured. This mere disagreement ... with trial strategy, however, does not amount to ineffective ... assistance (see People v Hogencamp, 295 A.D.2d 643, ... 644 [2002], lv denied 98 N.Y.2d 697 [2002]). Viewing ... the record in its entirety, defendant received meaningful ... representation (see People v Warren, 160 A.D.3d ... 1132, 1137 [2018], lv denied 31 N.Y.3d 1154 [2018]) ... Regarding ... ...