Legal Opinion

People v. Cosme

Appellate Division of the Supreme Court of the State of New York

Decided October 17, 2012Published

1Opinion of the Court

*941The defendant’s challenge to the trial court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) is without merit. The defendant failed to meet his burden of demonstrating that the prejudicial effect of cross-examination regarding certain prior convictions so outweighed the probative worth of that evidence that exclusion was warranted (see id. at 378; People v Harris, 74 AD3d 984, 984-985 [2010]). The trial court’s “Sandoval compromise” (People v Smith, 18 NY3d 588, 597-599 [2012] [Pigott, J., concurring]), therefore, was not an improvident exercise of discretion (see People v…

2Cases cited10 opinions

  1. People v. SandovalNew York Court of Appeals · 1974
  2. People v. O'RamaNew York Court of Appeals · 1991
  3. People v. StarlingNew York Court of Appeals · 1995
  4. People v. SmithNew York Court of Appeals · 2012
  5. People v. GerraraAppellate Division of the Supreme Court of the State of New York · 2011

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