Opinion
March 11, 1994
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from his conviction for felony driving while intoxicated, defendant argues that Supreme Court's Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371) was an abuse of discretion. Supreme Court did not abuse its discretion in holding that the prosecutor could ask defendant whether defendant had been convicted of a misdemeanor, while prohibiting the prosecutor from revealing that the prior conviction was for driving while intoxicated or inquiring into the underlying facts of the conviction (see, People v. Marr, 177 A.D.2d 964). The verdict is not against the weight of the evidence. Upon our review of the record, we cannot conclude that the jury failed to give the evidence the weight it should be accorded (see, People v. Bleakley, 69 N.Y.2d 490).