Appellate Division of the Supreme Court of New York, 2002

People v. Ferdinand

People v. Ferdinand
Appellate Division of the Supreme Court of New York · Decided September 23, 2002
297 A.D.2d 749; 747 N.Y.2d 785; 747 N.Y.S.2d 785; 2002 N.Y. App. Div. LEXIS 8679
People v. Ferdinand

Opinion of the Court

The trial court properly ruled that the prosecutor could cross-examine the defendant about his prior out-of-state felony and misdemeanor convictions to demonstrate that he was willing to place his own interests over those of society (see People v Jamison, 228 AD2d 698; People v Pitts, 218 AD2d 715; People v Boseman, 161 AD2d 601, 602).

The trial court properly determined that the defendant’s conviction of escape in Tennessee (see Tenn Code Ann § 39-16-605) was based upon acts which would constitute a *750felony in New York (see Penal Law § 205.10 [1]). Accordingly, the defendant was properly adjudicated a second felony offender (see Penal Law § 70.06 [1]; People v Muniz, 74 NY2d 464; People v Gonzalez, 61 NY2d 586).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. S. Miller, J.P., H. Miller, Schmidt and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.