PEOPLE v. CALVERT (1999)

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

The PEOPLE, etc., respondent, v. Norman CALVERT, appellant.

Decided: November 01, 1999

WILLIAM C. THOMPSON, J.P., DANIEL W. JOY, LEO F. McGINITY and SANDRA J. FEUERSTEIN, JJ.

M. Sue Wycoff, New York, N.Y. (Laura Lieberman Cohen and Andrew Abraham of counsel), for appellant, and appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Merri Turk Lasky, and Margaret A. Helen MacFarlane of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered December 23, 1996, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court's Sandoval ruling, permitting the prosecutor to cross-examine the defendant concerning two prior convictions for assault, was proper. Those offenses were relevant on the issues of the defendant's credibility as a witness and his willingness to place his interests above those of society (see, People v. Sandoval, 34 N.Y.2d 371, 377, 357 N.Y.S.2d 849, 314 N.E.2d 413; People v. Byrd, 173 A.D.2d 549, 570 N.Y.S.2d 1010; People v. Ferreira, 172 A.D.2d 769, 569 N.Y.S.2d 148; People v. Noeth, 162 A.D.2d 724, 558 N.Y.S.2d 89).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

MEMORANDUM BY THE COURT.

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