Opinion
2001-10555.
Submitted October 30, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered November 20, 2001, convicting him of robbery in the third degree, assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; John F. Campbell III on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS A. ADAMS, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention on appeal, the Supreme Court's Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371) was a provident exercise of discretion. By limiting cross-examination to selected aspects of the defendant's criminal record, the Supreme Court properly balanced the probative value of such evidence against its prejudicial effects ( see People v. Hayes, 97 N.Y.2d 203, 208; People v. Pavao, 59 N.Y.2d 282, 292; People v. Sandoval, supra at 378). The defendant's argument that the Supreme Court's Sandoval ruling deprived him of his constitutional rights has not been preserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.