Legal Opinion

People v. Callistro

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

Decided March 15, 1999PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered October 3, 1996, convicting him of attempted assault in the first degree and criminal possession of a weapon 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 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292). The mere fact that a defendant had committed crimes similar to the one charged did not automatically warrant…

2Cases cited3 opinions

  1. People v. PavaoNew York Court of Appeals · 1983
  2. People v. MattiaceNew York Court of Appeals · 1990
  3. People v. McClamAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. People v. CarrionAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. DwightAppellate Division of the Supreme Court of the State of New York · 1999

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