Opinion

People v. Brown

  • 2026 NY Slip Op 01895
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 27, 2026
Status
Published
Cited by
0 cases
Authority
More cited than 40.1%

The opinion

People v Brown ( 2026 NY Slip Op 01895 )

People v Brown

2026 NY Slip Op 01895

Decided on March 27, 2026

Appellate Division, Fourth Department

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.

Decided on March 27, 2026

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: CURRAN, J.P., MONTOUR, SMITH, OGDEN, AND DELCONTE,

JJ.

181 KA 23-00649

[*1]THE PEOPLE OF THE STATE OF NEW YORK,

RESPONDENT,

v

JAFARY BROWN, DEFENDANT-APPELLANT.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (SABRINA A. BREMER

OF COUNSEL), FOR DEFENDANT-APPELLANT.

PERRY DUCKLES, ACTING DISTRICT ATTORNEY, ROCHESTER (LISA

GRAY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Monroe County Court (Julie M. Hahn, J.), rendered

January 27, 2023. The judgment convicted defendant, upon a jury verdict, of

unauthorized use of a vehicle in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously

affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury

verdict, of unauthorized use of a vehicle in the third degree (Penal Law § 165.05

[1]). We affirm.

Defendant contends that County Court committed reversible error in its

Sandoval ruling by allowing the People, if defendant chose to testify, to

cross-examine him fully regarding a prior felony conviction of criminal mischief in the

third degree, including with respect to the underlying facts of that conviction. Initially,

contrary to the People's assertion, we conclude that defendant's contention is preserved

for our review, even in the absence of an objection after the court's "ultimate"

Sandoval ruling. Defendant "expressly requested, without success on the ground

now advanced on appeal, a ruling that the People not be permitted to cross-examine him

regarding the prior conviction, and he 'is deemed to have thereby protested the court's

ultimate disposition of the matter or failure to rule . . . accordingly sufficiently to raise a

question of law with respect to such disposition or failure regardless of whether any

actual protest thereto was registered' " ( People v Fuller , 174 AD3d 1335 , 1336 [4th Dept 2019],

lv denied 34 NY3d 951 [2019], quoting CPL 470.05 [2]; see People v Herman , 217

AD3d 1469, 1471 [4th Dept 2023], lv denied 40 NY3d 997 [2023]; see generally People v Jackson ,

29 NY3d 18, 23-24 [2017]). Defendant's contention, however, lacks merit. The prior

conviction "showed the willingness of defendant to place his own interests above those of

society" ( People v Salsbery ,

78 AD3d 1624, 1626 [4th Dept 2010], lv denied 16 NY3d 836 [2011]), and

defendant failed to meet his burden "of demonstrating that the prejudicial effect of the

admission of evidence [of that conviction] for impeachment purposes would so far

outweigh the probative worth of such evidence on the issue of credibility as to warrant its

exclusion" ( People v Sandoval , 34 NY2d 371, 378 [1974]; see Herman ,

217 AD3d at 1471 ). Contrary to defendant's assertion, "[c]ross-examination of a

defendant concerning a prior crime is not prohibited solely because of the similarity

between that crime and the crime charged" ( People v Vanwuyckhuyse , 224 AD3d 1315 , 1316 [4th Dept

2024], lv denied 41 NY3d 967 [2024] [internal quotation marks omitted]; see

People v Hayes , 97 NY2d 203, 208 [2002]).

Defendant did not preserve for our review his related contention that the court failed

to adequately set forth its reasoning with respect to its balancing of the appropriate

Sandoval factors ( see CPL 470.05 [2]; Herman , 217 AD3d at

1471 ). In any event, "[o]ur law does not require 'the application of any particular

balancing process' in Sandoval determinations," and "an exercise of a trial court's

Sandoval discretion should not be disturbed merely because the court did not

provide a detailed recitation of its underlying reasoning . . . , particularly where, as here,

the basis [*2]of the court's decision may be inferred from

the parties' arguments" ( People v Walker , 83 NY2d 455, 459 [1994]; see

Herman , 217 AD3d at 1471 ).

Entered: March 27, 2026

Ann Dillon Flynn

Clerk of the Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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