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PEOPLE v. AVILA

2006-09756

69 A.D.3d 642 (2010)

892 N.Y.S.2d 515

2010 NY Slip Op 162

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTIN AVILA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 5, 2010.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's Sandoval ruling (see People v Sandoval, 34 N.Y.2d 371 [1974]) that allowed inquiry into his prior conviction for assault involving a weapon was not an improvident exercise of discretion. The mere fact that the defendant has committed a crime similar to the one for which he is currently being tried does not preclude inquiry...

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