Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).
The trial court fashioned a balanced Sandoval ruling by allowing the People to establish that defendant had committed certain theft related offenses in 1989 (see, People v Sandoval, 34 N.Y.2d 371), but prohibiting any mention as to defendant's conduct that led to the three criminal charges lodged against him in 1991, all of which were similar to those presently charged (see, People v Pavao, 59 N.Y.2d 282, 292). Inquiry as to the defendant's 1989 sentence was also proper (see, People v Rodena, 170 A.D.2d 418).
While the trial court may have erred when it commenced jury selection before deciding defendant's suppression motions (see, CPL 710.40), defendant, in the circumstances here presented, suffered no prejudice warranting reversal and thus, we deem the error harmless (see, People v Jones, 203 A.D.2d 183, lv denied 84 N.Y.2d 827).
Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.