People v. Kearse

255 A.D.2d 526, 680 N.Y.S.2d 168, 1998 N.Y. App. Div. LEXIS 12599

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered April 15, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

Contrary to the defendant’s contention, in making its Sandoval ruling, the trial court properly weighed the competing considerations and determined that the probative value of cross-examination concerning the prior crimes on the issue of the defendant’s tendency to place his self-interest above that of society outweighed any prejudice (see, People v Bristow, 234 AD2d 378; see also, People v Pavao, 59 NY2d 282, 292).

The defendant was not denied the effective assistance of counsel (see, People v Cuesta, 177 AD2d 639).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.