People v. Avila
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the defendant’s contention, the trial court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) that allowed inquiry into his prior conviction for assault involving a weapon was not an improvident exercise of discretion. The mere fact that the defendant has committed a crime similar to the one for which he is currently being tried does not preclude inquiry into the prior crime (see People v Hayes, 97 NY2d 203, 208 [2002]; People v. White, 60 AD3d 1095, 1096 [2009]; People v Boseman, 161 AD2d 601, 602 [1990]).
*643The prosecutor’s reason for exercising a peremptory challenge…
2Cases cited14 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. SandovalNew York Court of Appeals · 1974
- People v. GallowayNew York Court of Appeals · 1981
- People v. HayesNew York Court of Appeals · 2002
- People v. PayneNew York Court of Appeals · 1996
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3Cited by9 opinions
- People v. PaigeAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FortuneAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CaganAppellate Division of the Supreme Court of the State of New York · 2020
- People v. SenatAppellate Division of the Supreme Court of the State of New York · 2018
- People v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2021
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