People v Staine
2008 NY Slip Op 01182 [48 AD3d 489]
February 5, 2008
Appellate Division, Second Department
As corrected through Wednesday, April 16, 2008


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

[*1]Steven Banks, New York, N.Y. (Susan Epstein of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky,and Elena Ivanovski of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.),rendered March 8, 2006, convicting him of murder in the second degree, upon a jury verdict, andimposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's Sandoval ruling (see People vSandoval, 34 NY2d 371 [1974]) is without merit. The Supreme Court's ruling struck anappropriate balance between the probative value of the defendant's prior robbery conviction onthe issue of his credibility and the possible prejudice to him in this murder trial (see People vSandoval, 34 NY2d 371 [1974]; see also People v Hayes, 97 NY2d 203 [2002]; People v Sawyer, 44 AD3d 970[2007]; People v Dahlbender, 23AD3d 493 [2005]).

The defendant's contention that the court erred in admitting the allegedly hearsay and"bolstering" statements of a detective is unpreserved for appellate review (see CPL470.05 [2]), and we decline to review the issue in the exercise of our interest of justicejurisdiction (see CPL 470.15 [3] [c]; People v Coban, 300 AD2d 502 [2002]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit. Ritter, J.P., Miller, Dillon andAngiolillo, JJ., concur.


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