Appellate Division of the Supreme Court of New York, 1986

People v. Hardney

People v. Hardney
Appellate Division of the Supreme Court of New York · Decided March 17, 1986
118 A.D.2d 728; 500 N.Y.S.2d 60; 1986 N.Y. App. Div. LEXIS 54590
People v. Hardney

Opinion of the Court

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered October 14, 1981, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The court’s ruling at the pretrial Sandoval hearing (see, People v Sandoval, 34 NY2d 371), that the prosecutor would be allowed to cross-examine the defendant with respect to whether he had ever been convicted of any other crimes in addition to attempted possession of a weapon, but would not be allowed to specifically ask if he had ever been convicted of criminal trespass, was a proper exercise of its discretion (see, People v McClain, 107 AD2d 765). The defendant’s contention that the People failed to comply with his demand for a bill of particulars is without basis. Finally, the sentence imposed was not excessive and its modification by this court is unwarranted (see, People v Suitte, 90 AD2d 80). Lazer, J. P., Thompson, Bracken and Rubin, JJ., concur.

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