People v. McBride
| Decision Date | 16 November 1998 |
| Citation | 255 A.D.2d 459,683 N.Y.S.2d 97 |
| Parties | 1998 N.Y. Slip Op. 10,388 The PEOPLE, etc., Respondent, v. Yusef McBRIDE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
M. Sue Wycoff, New York, N.Y. (Edward S. Graves of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Florence M. Sullivan of counsel; Adam J. Hess on the brief), for respondent.
MILLER, J.P., PIZZUTO, FRIEDMANN and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered November 6, 1996, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The trial court's Sandoval ruling did not constitute an improvident exercise of discretion (see, People v. Mattiace, 77 N.Y.2d 269, 275-276, 567 N.Y.S.2d 384, 568 N.E.2d 1189; People v. Pavao, 59 N.Y.2d 282, 292, 464 N.Y.S.2d 458, 451 N.E.2d 216; People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413). Similarity between the crime charged and the prior convictions does not automatically compel preclusion for impeachment purposes (see, People v. Mattiace, supra; People v. Pavao, supra; People v. McClam, 225 A.D.2d 799, 639 N.Y.S.2d 854). The court limited the prosecutor's inquiry to whether the defendant had previously committed robbery in the first degree and robbery in the second degree and was convicted, but prohibited inquiry into the underlying facts of the crimes, unless the defendant equivocated while testifying. The defendant's previous convictions of robbery were probative on his credibility and willingness to put his own interests above that of society (see, People v. Walker, 83 N.Y.2d 455, 461, 611 N.Y.S.2d 118, 633 N.E.2d 472; People v. Pavao, supra).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
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