Opinion
Submitted April 20, 2000.
June 5, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered February 26, 1999, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Anna M. Perry of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion in determining after a Sandoval hearing that if the defendant testified, the prosecutor could impeach him with the facts that he was convicted of attempted sale of a controlled substance and that he subsequently violated the sentence of probation imposed on that conviction. The court precluded inquiry as to the underlying facts of the conviction and the violation (see, People v. Sandoval, 34 N.Y.2d 371, 374-375; People v. Pavao, 59 N.Y.2d 282; People v. Espinoza, 241 A.D.2d 554; People v. Kinsler, 228 A.D.2d 452).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).