Opinion
5520
December 6, 2001.
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered June 30, 1999, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 31/2 to 7 years, unanimously affirmed.
Before: Tom, J.P., Andrias, Rubin, Buckley, Friedman, JJ.
The court's instructions to the jury regarding the effect of defendant's prior convictions on his credibility as a witness conveyed the appropriate legal principles (see, People v. Fields, 87 N.Y.2d 821). There is no reasonable possibility that these instructions could have misled the jury into believing that defendant's prior record could be used as evidence of criminal propensity.
Defendant's claim that the court considered improper criteria in imposing sentence is unpreserved (People v. Harrison, 82 N.Y.2d 693), and we decline to review it in the interest of justice. Were we to review this claim, we would find that it is not supported by the record. We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.