You are here: / / ERRONEOUS SANDOVAL RULING REQUIRED REVERSAL.
,

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)

You might also like
PLAINTIFF WAS WORKING ON A ROOF WHEN HE ALLEGEDLY CONTACTED AN ELECTRIC WIRE LEADING TO THE HOME AND WAS KILLED; THE UTILITIES’ (CON EDISON’S) MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION ON THE GROUND IT OWED NO DUTY TO PLAINTIFF’S DECEDENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
WHERE THE ESSENCE OF A MEDICAL MALPRACTICE ACTION IS THE FAILURE TO PROPERLY DIAGNOSE PLAINTIFF’S CONDITION, THE CRITERIA FOR A “LACK OF INFORMED CONSENT” CAUSE OF ACTION ARE NOT MET (SECOOND DEPT
THE NOTICES OF CLAIM NOTIFIED THE MUNICIPAL DEFENDANTS ONLY OF THE DAMAGES RELATING TO PLAINTIFF’S DECEDENT, PLAINTIFF’S MOTHER’S MOTION TO AMEND THE COMPLAINT TO ADD HER DERIVATIVE CAUSES OF ACTION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
STANDING REQUIREMENTS TO BRING AN ACTION CONTESTING A SATISFACTION OF MORTGAGE ARE THE SAME AS FOR BRINGING A FORECLOSURE ACTION.
“Missing Witness Rule” Properly Applied in Bench-Trial Proceeding to Determine Whether Antipsychotic Medication Should Be Administered to Involuntarily Committed Patient Over Patient’s Objection—Treating Psychiatrist Not Called by Facility
Neither CPLR 5015 Nor Family Court Act 451 Was a Bar to Mother’s Petition to Modify a Child-Support Money Judgment by Temporarily Suspending Interest
Health Service Provider’s Action to Recoup Overpayment of a Surcharge Subject to Six-Year Statute of Limitations
THE CONFLICTING EXPERT REPORTS AND OTHER EVIDENCE RAISED A QUESTION OF FACT WHETHER THE TRAFFIC ACCIDENT CAUSED SERIOUS INJURY DESPITE PLAINTIFF’S DECEDENT’S PREEXISTING CONDITIONS (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

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