People v. Rosa

292 A.D.2d 193, 739 N.Y.S.2d 41, 2002 N.Y. App. Div. LEXIS 2306

Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered November 6, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 51/2 to 11 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Defendant’s claims are similar to arguments rejected by this Court on the codefendant’s appeal (People v Washington, 289 AD2d 77) and we see no reason to reach a different result herein.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459; People v Mattiace, 77 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292). The People were permitted to elicit the fact that defendant had three felony convictions but were only permitted to identify the most recent conviction as a drug sale conviction even though all three were for selling drugs.

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Tom, Sullivan, Rubin and Friedman, JJ.