Fourth Department – Sandoval ruling: People v. Colon

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Sandoval ruling

Reversible error

People v. Colon

KA 18-02213

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a weapon. During a traffic stop, the defendant fled from police, allegedly revealing a handgun in his waistband as he ran. A police officer discovered a handgun in the general area where the defendant had been apprehended.

Ruling: The Appellate Division reversed and ordered a new trial. The court held that the court’s Sandoval ruling permitted the people to cross-examine the defendant regarding a prior conviction of attempted criminal possession of a weapon. The court noted that the court did not exercise independent discretion and instead erroneously concluded that it was bound by Appellate Court precedent to allow cross-examination as to the prior conviction. The court further noted that both officers testified they never saw the weapon in the defendant’s hand. Further, the defendant’s identification card was found at the scene, it was not found near the weapon.

Bridget L. Field, of the public defender’s office, for the defendant-appellant; Martin P. McCarthy II, of the district attorney’s office, for the respondent.

Oral argument video