People v. Sillaway
| Decision Date | 15 November 1988 |
| Citation | 144 A.D.2d 959,534 N.Y.S.2d 615 |
| Parties | PEOPLE of the State of New York, Respondent, v. Bruce SILLAWAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Helen Zimmermann by Michael Walsh, Buffalo, for appellant.
Kevin M. Dillon by Raymond Herman, Buffalo, for respondent.
Before DENMAN, J.P., and GREEN, PINE, LAWTON and DAVIS, JJ.
Defendant was convicted of two counts of first degree burglary and related crimes for breaking into his former wife's residence. On appeal defendant claims that the trial court erred in permitting testimony about defendant's prior conduct toward his wife and children, that both burglary convictions cannot stand and that his sentence was harsh and excessive. The court's evidentiary ruling was proper. Since defense counsel first raised the issue of family difficulties between the parties on cross examination, the prosecutor was entitled to explore defendant's relationship with his family on redirect examination (see, People v. Melendez, 55 N.Y.2d 445, 451-452, 449 N.Y.S.2d 946, 434 N.E.2d 1324; People v. Buchalter, 289 N.Y. 181, 202-203, 45 N.E.2d 225, rearg. denied 289 N.Y. 244, 45 N.E.2d 425 cert. denied sub nom. Buchalter v. New York, 318 U.S. 766, 63 S.Ct. 662, 87 L.Ed. 1137). Moreover, on this record defendant's sentence was not harsh and excessive. Since both burglary convictions were based on the same illegal entry, however, defendant could only be convicted of one count and we must vacate his conviction on the second count (see, People v. Martinez, 126 A.D.2d 942, 511 N.Y.S.2d 988, lv. denied 69 N.Y.2d 952, 516 N.Y.S.2d 1036, 509 N.E.2d 371; People v. McCray, 61 A.D.2d 860, 401 N.Y.S.2d 908).
Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed.
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People v. Davis
...v. Martinez, 126 A.D.2d 942, 511 N.Y.S.2d 988, lv. denied 69 N.Y.2d 952, 516 N.Y.S.2d 1036, 509 N.E.2d 371; see also, People v. Sillaway, 144 A.D.2d 959, 534 N.Y.S.2d 615; People v. McCray, 61 A.D.2d 860, 861, 401 N.Y.S.2d 908). The rule cited appears to have its origin in the case of Peopl......
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People v. Richardson
...that he should not have been convicted twice for criminal trespass because there was only one illegal entry (see, People v. Sillaway, 144 A.D.2d 959, 534 N.Y.S.2d 615). Although defendant did not preserve the issue for review, the sentences defendant received on the trespass convictions wer......