Opinion
June 20, 2000.
Judgment, Supreme Court, Bronx County (Joseph Cerbone, J., atSandoval hearing; Robert Cohen, J., at nonjury trial and sentence), rendered December 5, 1997, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Khari P. Prescod, for respondent.
Larry Sheehan, for defendant-appellant.
Before: Williams, J.P., Tom, Rubin, Andrias, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning identification and credibility.
The court's Sandoval ruling, which permitted inquiries relevant to defendant's credibility and suppressed a substantial portion of defendant's extensive criminal record, balanced the appropriate factors and was a proper exercise of discretion (see,
People v. Walker, 83 N.Y.2d 455, 458-459; People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.