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PEOPLE v. TOWSLEY

KA 06-03663.

2008 NY Slip Op 06054

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHANE M. TOWSLEY, DEFENDANT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

DAVISON LAW OFFICE, WEBSTER (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (MICHAEL G. CIANFARANO OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, GREEN, AND PINE, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and related offenses. As the People correctly concede, County Court's Sandoval ruling, pursuant to which the prosecutor was permitted to cross-examine defendant with respect to a prior youthful offender adjudication, constitutes an abuse...

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