Case Detail
CitationPeople v. Montoya, 882 N.Y.S.2d 429 (N.Y. App. Div. 2009)
CrimeSex crimes
StateNY
Pros. First NameCharles
Pros. Last NameHynes
FederalNo
Trial Year2007
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the trial court's permitting prosecutor to cross-examine defendant about his failure to pay taxes without conducting pre-trial Sandoval hearing constituted error, and, couple wit additional errors, a new trial was warranted. "The defendant correctly contended, and the People conceded, both at trial and on appeal, that they did not notify the defendant before trial of their intention to impeach him on uncharged or prior bad acts, including his failure to pay taxes. Despite the defendant's objection, the trial court ruled that Sandoval did not apply to prior bad acts, only convictions, and allowed the People to impeach the defendant on his failure to pay taxes without any prior notice [citations omitted]. Under these circumstances, the trial court committed error in allowing the People to cross-examine the defendant about his failure to pay taxes without conducting a pre-trial Sandoval hearing [citations omitted]. Moreover, the court's failure to conduct a proper pretrial inquiry may have affected defendant's decision to testify at trial [citations omitted]."
Determination Year2009
Misconduct TypeTR: Inadmissible
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A