People v Steven Garrett

People v Garrett 2005 NY Slip Op 09005 [23 AD3d 579] November 21, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

The People of the State of New York, Respondent,
v
Steven Garrett, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 11, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]), as it struck a proper balance between the probative value of the evidence of the defendant's criminal history and the possible prejudice against him (see People v Powell, 4 AD3d 489, 490 [2004]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., Krausman, Skelos and Covello, JJ., concur.