The People of the State of New York, Respondent, v. Ryan Randolph, Defendant–Appellant.

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

The People of the State of New York, Respondent, v. Ryan Randolph, Defendant–Appellant.

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Decided: November 20, 2014

Renwick, J.P., Saxe, Moskowitz, DeGrasse, Richter, JJ. Cardozo Appeals Clinic, New York (Stanley Neustadter of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.

Ryan Randolph, appellant pro se.

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Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered December 1, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously affirmed.

The court properly granted the People's application to preclude defendant from cross-examining a witness about an arrest, because the mere fact of an arrest is not a permitted area for impeachment (People v. Miller, 91 N.Y.2d 372, 380 [1998] ).   Moreover, defense counsel expressly acquiesced in that ruling, disclaiming any desire to inquire about a mere arrest.   While defendant presently asserts that the court also precluded inquiry into the witness's purported guilty plea, the court made no such ruling.   On the contrary, both sides agreed that no record of a conviction existed.

We have considered and rejected defendant's ineffective assistance of counsel claim (see People v. Benevento, 91 N.Y.2d 708, 713–714 [1998];  Strickland v. Washington, 466 U.S. 668 [1984] ), as well as his pro se arguments.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK