Opinion
3400, 3401.
Decided April 20, 2004.
Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered June 22, 2001, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, and judgment, same court (Daniel FitzGerald, J.), rendered June 26, 2001, 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 consecutive term of 6 to 12 years, unanimously affirmed.
Dolores Kanski, Scarsdale, for appellant.
Robert M. Morgenthau, District Attorney, New York (Megan E. Joy and Willa Concannon of counsel), for respondent.
Before: Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ.
The trial court's Sandoval ruling, which limited the People's elicitation of defendant's extensive criminal background, balanced the appropriate factors and was a proper exercise of discretion ( see People v. Hayes, 97 N.Y.2d 203; People v. Walker, 83 N.Y.2d 455, 458-459; People v. Pavao, 59 N.Y.2d 282, 292).
Defendant received effective assistance of counsel with regard to both of his convictions ( see People v. Benevento, 91 N.Y.2d 708, 713-714; People v. Ford, 86 N.Y.2d 397, 404; see also Strickland v. Washington, 466 U.S. 668).
We perceive no basis for reducing either of the sentences.
Defendant's remaining arguments with regard to both of his convictions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.