People v. Perez

Decision Date22 January 1998
Citation667 N.Y.S.2d 244,246 A.D.2d 448
Parties1998 N.Y. Slip Op. 507 The PEOPLE of the State of New York, Respondent, v. Sergio PEREZ, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Ellen Sue Handman, for respondent.

Richard M. Weinstein, for defendant-appellant.

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered October 31, 1995, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 17 years to life, unanimously affirmed.

Defendant did not preserve his current claims that the court should have struck certain identification testimony on the ground of the People's alleged failure to provide notice pursuant to CPL 710.30(1)(b), or that the previous Wade hearing should have been reopened. In this connection, defendant may not rely upon an objection entered by counsel for the codefendant (People v. Buckley, 75 N.Y.2d 843, 552 N.Y.S.2d 912, 552 N.E.2d 160).

The court's Sandoval ruling permitting the prosecutor to elicit defendant's prior robbery conviction, a matter highly relevant to credibility, was an appropriate exercise of discretion (People v. Reid, 190 A.D.2d 575, 593 N.Y.S.2d 521, lv. denied 81 N.Y.2d 1078, 601 N.Y.S.2d 598, 619 N.E.2d 676).

MILONAS, J.P., and ROSENBERGER, WALLACH, WILLIAMS and MAZZARELLI, JJ., concur.

To continue reading

Request your trial
2 cases
  • Perez v. Greiner
    • United States
    • U.S. District Court — Southern District of New York
    • 23 Octubre 2003
    ...purposes. (Def. App. Br. at 20-22).3 On January 22, 1998, the Appellate Division affirmed Mr. Perez's conviction. People v. Perez, 246 A.D.2d 448, 667 N.Y.S.2d 244 (1st Dep't 1998). It held that Mr. Perez had not preserved at trial his claims concerning the identification testimony, and it ......
  • People v. Perez
    • United States
    • New York Court of Appeals Court of Appeals
    • 27 Mayo 1998

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT