People v. Mitchell

232 A.D.2d 235, 648 N.Y.S.2d 435, 1996 N.Y. App. Div. LEXIS 10034

Opinion

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered August 9,1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing her, as a second felony offender, to concurrent terms of Alh to 9 years, unanimously affirmed.

Given defendant’s lengthy criminal history, the trial court’s Sandoval ruling struck an appropriate balance even though the prosecutor was permitted to elicit two drug-related felonies, including attempted criminal sale of a controlled substance, and several misdemeanors, without reference to the underlying facts (People v Rahman, 46 NY2d 882; People v Couvertier, 222 AD2d 239, lv denied 87 NY2d 971). Contrary to defendant’s claim, her drug convictions had a direct bearing on her credibility (People v Smith, 217 AD2d 520, 522, citing People v Lucas, 160 AD2d 330, lv denied 76 NY2d 860). We have reviewed defendant’s remaining claims and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Ross, Williams and Andrias, JJ.