Opinion
2689.
Decided January 15, 2004.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered April 10, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds (three counts), criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Sylvia Wertheimer, for Respondent.
Jody Ratner, for Defendant-Appellant.
Before: Tom, J.P., Williams, Marlow, Gonzalez, JJ.
The court's Sandoval ruling 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). The court properly permitted elicitation of matters that were highly relevant to defendant's credibility and were not unduly prejudicial.
We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent counts ( see People v. Spence, 290 A.D.2d 223, lv denied 98 N.Y.2d 641; People v. Kulakov, 278 A.D.2d 519, lv denied 96 N.Y.2d 785).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.