People v. Gonzalez
Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Potoker, J.), rendered January 12, 1982, convicting him of robbery in the first degree and petit larceny, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The court’s pretrial Sandoval ruling (People v Sandoval, 34 NY2d 371), permitting the prosecutor to cross-examine defendant, for impeachment purposes, about the illegal acts underlying his prior youthful offender adjudication (see, People v Greer, 42 NY2d 170,176; People v Duffy, 36 NY2d 258, 264, cert denied
We further find no merit to defendant’s challenge to the court’s refusal to give a missing witness charge regarding the prosecutor’s failure to call the complainant’s common-law husband as a witness. There is nothing in the record to indicate that his testimony would have contradicted or added to that of the complainant, and the defendant knew of his identity but chose not to call him {People v Almodovar, 62 NY2d 126, 132-133; People v Baldo, 107 AD2d 751; People v Shippee, 87 AD2d 942).
Finally, we see no circumstances to warrant our interference with the sentencing court’s exercise of discretion in imposing, inter alia, a sentence of 5 to 15 years’ imprisonment {see, e.g., People v Suitte, 90 AD2d 80; People v Notey, 72 AD2d 279). Thompson, J. P., Weinstein, Niehoff and Lawrence, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.