PEOPLE v. CRUZ

Ind. No. 6353/09. Appeal No. 15703. Case No. 2016-2092.

204 A.D.3d 474 (2022)

164 N.Y.S.3d 443

2022 NY Slip Op 02367

The People of the State of New York, Respondent, v. Felipe Rivera Cruz, Appellant.

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

Decided April 12, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( David Crow of counsel), and Boies Schiller Flexner LLP, New York ( Nicholas J. Standish , of counsel) for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.


Defendant preserved his challenge to the court's initial Sandoval ruling, but failed to preserve his challenge to the court's ruling that the defense expert's testimony opened the door to cross-examination of both the expert and defendant about additional prior bad acts, and we decline to review it in the interest of justice. As an alternative holding, we find that all of those rulings were provident exercises of discretion...

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