People v Smith
2008 NY Slip Op 02183 [49 AD3d 671]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Christopher A. Smith, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Gregory S. D'Incelli on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 28, 2006, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's specific contentions regarding the Supreme Court's Sandoval ruling (see People v Sandoval, 34 NY2d 371, 375 [1974]) are unpreserved for appellate review (see CPL 470.05 [2]; People v Jones, 41 AD3d 507 [2007]; People v Melvin, 223 AD2d 604 [1996]). In any event, the Supreme Court's ruling struck an appropriate balance between the probative value of the defendant's prior crimes on the issue of his credibility and the possible prejudice to him (see People v Springer, 13 AD3d 657 [2004]; People v Sobers, 272 AD2d 418 [2000]; People v Dwyer, 243 AD2d 645 [1997]). Lifson, J.P., Ritter, Florio and Carni, JJ., concur.