PEOPLE v. KENNEDY

2010-05200.

101 A.D.3d 1045 (2012)

956 N.Y.S.2d 185

2012 NY Slip Op 8767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE KENNEDY, Appellant.

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

December 19, 2012.


Ordered that the judgment is affirmed.

The Supreme Court erred in modifying its Sandoval ruling (see People v Sandoval, 34 N.Y.2d 371 [1974]) to permit the prosecutor to question the defendant regarding his gang membership, which the Supreme Court had previously ruled was to be precluded. Contrary to the People's contention, photographs depicting the defendant wearing gang attire, which were discovered during trial...

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