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PEOPLE v. GRAY

84 N.Y.2d 709 (1995)

646 N.E.2d 444

622 N.Y.S.2d 223

The People of the State of New York, Respondent, v. Ernest Gray, Appellant.

Court of Appeals of the State of New York.

Decided January 10, 1995.

Attorney(s) appearing for the Case

Hoffinger Friedland Dobrish Bernfeld & Stern, P. C., New York City (Vivian Berger of counsel), and Ira Mickenberg, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Donna Krone, Robert M. Raciti and Ilisa T. Fleischer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS and SMITH concur with Judge CIPARICK; Judge LEVINE concurs in result in a separate opinion in which Judges TITONE and BELLACOSA concur.

CIPARICK, J.

May defendant's previous conviction of a felony in Maryland when he was 15 years old constitute cross-examination material at his New York murder and robbery trial even though the Maryland conviction would have resulted in a juvenile delinquency adjudication in New York? We hold that the trial courts' traditional, broad Sandoval discretion controls this question and decline to adopt a per...

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