People v McCoy

2007 NY Slip Op 08867 [45 AD3d 395]

November 15, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

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

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York City (Gian S. Kingof counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jacob Kaplan of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered August 4, 2004,convicting defendant, after a jury trial, of criminal sale of a controlled substance in the thirddegree (two counts), and criminal sale of a controlled substance in or near school grounds, andsentencing him, as a second felony offender, to three concurrent terms of 8 to 16 years,unanimously affirmed.

The court's Sandoval ruling balanced the appropriate factors and was a properexercise of discretion (see People v Hayes, 97 NY2d 203 [2002]). The underlying facts ofdefendant's prior convictions were relevant to his credibility since they tended to show that heplaced his own interests above those of society. Moreover, the court carefully limited theseinquiries by precluding reference to particularly inflammatory facts.

We perceive no basis for reducing the sentence. Concur—Andrias, J.P., Marlow,Williams, Buckley and Malone, JJ.