People v. Callistro
Appellate Division of the Supreme Court of the State of New York
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
- People v. PavaoNew York Court of Appeals · 1983
- People v. MattiaceNew York Court of Appeals · 1990
- People v. McClamAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- People v. CarrionAppellate Division of the Supreme Court of the State of New York · 1999
- People v. DwightAppellate Division of the Supreme Court of the State of New York · 1999