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ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL.

The Second Department, reversing defendant’s conviction, over a dissent, determined the Sandoval ruling erroneously allowed cross examination about a prior crime. The defendant chose not to testify and the proof was deemed far from overwhelming. During the prior crime (robbery) defendant held a knife to the victim’s throat. In the rape trial at issue, it was alleged the defendant held a knife to the victim’s throat:

While we recognize that, under Sandoval and its progeny, the mere similarity of crimes or conduct to the charge for which a defendant stands trial does not automatically preclude inquiry, here, under the particular facts and circumstances of this case, a proper balancing of the probative value of the defendant’s prior conduct of placing a knife to the robbery complainant’s neck, in connection with the issue of credibility, against the risk of unfair prejudice to the defendant, should have resulted in a ruling precluding the People’s proposed line of questioning … . Moreover, the error was not harmless … . The proof of the defendant’s guilt was far from overwhelming, and the defendant was the only available source of material testimony in support of his defense (see People v Sandoval, 34 NY2d at 378). Inasmuch as the pretrial ruling affected the defendant’s decision whether to testify and denied the jury potentially significant material evidence, the Supreme Court’s Sandoval ruling cannot be considered harmless … . People v Calderon, 2017 NY Slip Op 00479, 2nd Dept 1-25-17

CRIMINAL LAW (ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL)/EVIDENCE (CRIMINAL LAW, ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL)/SANDOVAL (CRIMINAL LAW, ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL)

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ACTION BY TOWN SEEKING REIMBURSEMENT OF LITIGATION COSTS PURSUANT TO A PROVISION... EVIDENCE BEFORE THE GRAND JURY WAS LEGALLY SUFFICIENT, CRITERIA EXPLAINED.