Opinion
September 28, 1995
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
Because defendant never raised his current claim that his guilt was not established because the People's witnesses were not credible, this claim is not preserved for appellate review as a matter of law (CPL 470.05; People v. Gray, 86 N.Y.2d 10). Were we to review this claim in the interest of justice, we would find that credible explanations were provided for investigative decisions and that the alleged inconsistencies and contradictions were merely trivial and related to collateral issues.
The court's Sandoval ruling, which was very favorable to defendant and identical to that which he sought, was a proper exercise of its discretion. The court considered the specific details and circumstances of defendant's prior crimes and balanced the probative value of this evidence on the issue of defendant's credibility against the risk of unfair prejudice ( People v Williams, 56 N.Y.2d 236, 238-239).
We find the sentences excessive to the extent indicated.
We have considered defendant's remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Asch, Williams and Mazzarelli, JJ.