Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The People of the State of New York, Respondent, v. Liza Biscette James, Defendant–Appellant.
_
Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), rendered September 9, 2011, as amended November 18, 2011, convicting defendant, after a jury trial, of grand larceny in the third degree, 2 counts of forgery in the second degree and 10 counts of falsifying business records in the first degree, and sentencing her, as a second felony offender, to an aggregate term of 7 to 14 years, unanimously affirmed.
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Smith, 18 NY3d 588, 593–594 [2012]; People v. Hayes, 97 N.Y.2d 203 [2002]; People v. Pavao, 59 N.Y.2d 282, 292 [1983] ). Although defendant's two prior theft-related convictions had similarities to the present case, the prior cases involved highly dishonest behavior and thus were particularly relevant to defendant's veracity. Accordingly, there is no basis for disturbing the court's determination that the probative value of these convictions outweighed their prejudicial effect. Furthermore, the court made it clear that if defendant testified, these convictions would be admissible to impeach her credibility and for no other purpose.
We reject defendant's argument that she is entitled to concurrent sentences as a matter of law, and we find no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
_
CLERK
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 1135 3
Decided: December 17, 2013
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)