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People v. Campbell

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 19, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROHAN CAMPBELL, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered March 14, 2007, convicting defendant, after a jury trial, of burglary in the first degree, and sentencing him to a term of 17 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, Catterson, Moskowitz, JJ.

90098/05

The court's Sandoval ruling, which permitted the People to elicit defendant's prior sex crime conviction without inquiring into any underlying facts, balanced the appropriate factors and was a proper exercise of discretion (see People v Hayes, 97 NY2d 203 [2002]; People v Pavao, 59 NY2d 282, 292 [1983]).

Defendant's Confrontation Clause claim, relating to DNA test documents, is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits (see People v Freycinet, 11 NY3d 38, 42 [2008]; People v Rawlins, 10 NY3d 136, 153-60 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090519

© 1992-2009 VersusLaw Inc.



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