People v. Garrett

Appellate Division of the Supreme Court of New York

People v. Garrett

23 A.D.3d 579, 804 N.Y.S.2d 259

Appellate Division of the Supreme Court of the State of New York·Decided November 21, 2005·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 11, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]), as it struck a proper balance between the probative value of the evidence of the defendant’s criminal history and the possible prejudice against him (see People v Powell, 4 AD3d 489, 490 [2004]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., Krausman, Skelos and Covello, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 11, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]), as it struck a proper balance between the probative value of the evidence of the defendant’s criminal history and the possible prejudice against him (see People v Powell, 4 AD3d 489, 490 [2004]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., Krausman, Skelos and Covello, JJ., concur.

People v. Garrett, 23 A.D.3d 579, 804 N.Y.S.2d 259 (N.Y. Ct. App. 2005).

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Opinion

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