People v. Williams, 14363.

• Decision Date: 08 December 2005
• Docket Number: 14363.
• Citation: 806 N.Y.S.2d 266,24 A.D.3d 882,2005 NY Slip Op 09346
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. APRIL L. WILLIAMS, Appellant.
• Court: New York Supreme Court — Appellate Division

24 A.D.3d 882

806 N.Y.S.2d 266

2005 NY Slip Op 09346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. APRIL L. WILLIAMS, Appellant.

14363.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 8, 2005.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered October 4, 2002, upon a verdict convicting defendant of the crimes of rape in the third degree and endangering the welfare of a child.

KANE, J.

In fall 2001, defendant, who was 27 years old, had sexual intercourse with the 15-year-old victim. At trial, a police officer testified that defendant admitted having sex with the victim in late 2001, but claimed that the victim told her he was 17 years old. Defendant's written admission was received in evidence. Her sister testified that defendant made a statement implying that she had seen the victim naked and that they engaged in sexual intercourse. The victim remembered engaging in sexual intercourse with defendant, although he was unclear about the details because he had been drinking. Inconsistencies regarding the date and details created issues of credibility for the jury to resolve (see People v. Tirado, 19 AD3d 712, 713 [2005], lv denied 5 NY3d 810 [2005]). Giving due deference to those credibility determinations, and considering defendant's admission in addition to the supporting testimony, defendant's convictions for rape in the third degree and endangering the welfare of a child are not against the weight of the evidence (see id. at 713).

County Court did not abuse its discretion in rendering its Sandoval ruling. A Sandoval determination rests within the reviewable discretion of the trial court (see People v. Hayes, 97 NY2d 203, 207 [2002]). The court must balance the probative value of a defendant's prior convictions affecting his or her credibility against the prejudicial effect those convictions may have by impermissibly permitting the jury to view such evidence as proof of the defendant's propensity to commit certain types of crimes or by unduly deterring the defendant from testifying. Despite this required balancing, no fixed rules exist to prohibit cross-examination solely because of the similarity between the prior acts and the charged crimes or because the defendant and victim are the only witnesses to the crime (see id. at 207-208; People v. Boseman, 161 AD2d 601, 602 [1990], lv denied 76 NY2d 853 [1990]).

Here, County Court permitted the People to cross-examine defendant regarding the existence, and underlying facts, of a 1994 conviction for sodomy in the second degree, based on defendant performing oral sex on a 13-year-old girl; a 1998 endangering the welfare of a child conviction, based on defendant exposing her breasts to and fondling a 14-year-old boy; and a 1998 charge for endangering the welfare of a child, based on two incidents in which defendant used threats of physical force to induce a 13-year-old girl into taking off her clothes and walking naked in front of adult males. The court weighed the appropriate concerns and limited the number and type of convictions permitted on cross-examination, prohibiting questions regarding a pending charge for unlawfully dealing with a minor, a resisting arrest conviction and a possibly inflammatory conviction regarding animal cruelty. The crimes that were permitted related to defendant's repeated willingness to put her own self-interest above the interests of society. Although it certainly would have been reasonable for the court to use a Sandoval compromise and not permit disclosure of the underlying facts or nature of the prior convictions (see People v. Long, 269 AD2d 694, 696 [2000], lv denied 94 NY2d 950 [2000]), we cannot conclude that the court abused its discretion (see People v. Hayes, supra at 208).

County Court...