| People v Randolph |
| 2014 NY Slip Op 08134 [122 AD3d 522] |
| November 20, 2014 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Ryan Randolph, Appellant. |
Cardozo Appeals Clinic, New York (Stanley Neustadter of counsel), forappellant.
Ryan Randolph, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), renderedDecember 1, 2009, convicting defendant, after a jury trial, of burglary in the seconddegree, 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 fromcross-examining a witness about an arrest, because the mere fact of an arrest is not apermitted area for impeachment (People v Miller, 91 NY2d 372, 380 [1998]).Moreover, defense counsel expressly acquiesced in that ruling, disclaiming any desire toinquire about a mere arrest. While defendant presently asserts that the court alsoprecluded 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 NY2d 708, 713-714 [1998]; Strickland vWashington, 466 US 668 [1984]), as well as his pro se arguments.
We perceive no basis for reducing the sentence. Concur—Renwick, J.P., Saxe,Moskowitz, DeGrasse and Richter, JJ.