LAW.coLAW.co

The People of the State of New York, Respondent, v. Ricky Sellars, Appellant

New York Supreme Court, Appellate Division1997-02-06
236 A.D.2d 228654 N.Y.S.2d 285

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered June 1, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 7 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, reversal is required because the court improperly ruled that the prosecutor could question defendant about unrelated pending criminal charges (see, People v Betts, 70 NY2d 289, 292-295). Contrary to the court’s ruling, this evidence was not admissible on the issue of intent. Accordingly, we remand the matter for a new trial. Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.