PEOPLE v. McFADDEN (1999)

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 10 to 20 years, unanimously affirmed.

 The court's mid-trial modification of its Sandoval ruling did not violate defendant's right to a fair trial since his statement:  “I never robbed anybody” opened the door to the challenged questions (People v. Wilkens, 239 A.D.2d 105, 657 N.Y.S.2d 599, lv. denied 90 N.Y.2d 899, 662 N.Y.S.2d 442, 685 N.E.2d 223).   Taken in context, defendant's statement was not limited to a simple denial of commission of the acts charged.

 We find no abuse of sentencing discretion.

MEMORANDUM DECISION.