People v. Rivera

—Judgment, Supreme Court, New York County (Mary Davis, J.), rendered November 18, 1998, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Despite the fact that the prosecution had affirmatively stated *125at the pretrial Sandoval hearing that there were no prior bad acts by defendant about which it intended to inquire at trial, after the defense presented defendant’s neighbor who testified that defendant is nonviolent and enjoys a reputation for peacefulness in the community, it was proper for the…