Appellate Division of the Supreme Court of New York, 1999

People v. Callistro

People v. Callistro
Appellate Division of the Supreme Court of New York · Decided March 15, 1999
259 A.D.2d 625; 687 N.Y.S.2d 389; 1999 N.Y. App. Div. LEXIS 2435
People v. Callistro

Opinion 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 precluding the prosecutor from using evidence of such crimes for impeachment purposes (see, People v Mattiace, supra; People v Pavao, supra; People v McClam, 225 AD2d 799).

The defendant’s remaining contentions are either without *626merit or do not warrant reversal. S. Miller, J. P., Florio, Mc-Ginity and Luciano, JJ., concur.

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