Opinion
June 18, 1996
Appeal from the Supreme Court, Bronx County (William Donnino, J.).
Defendant Perez's challenge to the court's charge on burden of proof is unpreserved for appellate review (CPL 470.05), and, in any event, without merit ( see, People v. Coleman, 70 N.Y.2d 817). The court's Sandoval ruling with respect to defendant Lopez properly balanced the probative value of his prior crime evidence on the issue of credibility against the risk of unfair prejudice, including the risk that the similarity between the prior and instant crimes could be taken as proof of guilt ( People v. Williams, 56 N.Y.2d 236, 238-239). "The fact that defendant specializes in a particular type of criminal activity does not insulate him from impeachment for such activity." ( People v. Reid, 190 A.D.2d 575, lv denied 81 N.Y.2d 1078.) We have considered defendants' other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Rubin and Kupferman, JJ.