| People v Smith |
| 2008 NY Slip Op 02183 [49 AD3d 671] |
| March 11, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher A. Smith, Appellant. |
—[*1] 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 juryverdict, 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 vJones, 41 AD3d 507 [2007]; People v Melvin, 223 AD2d 604 [1996]). In anyevent, the Supreme Court's ruling struck an appropriate balance between the probative value ofthe defendant's prior crimes on the issue of his credibility and the possible prejudice to him (see People v Springer, 13 AD3d657 [2004]; People v Sobers, 272 AD2d 418 [2000]; People v Dwyer, 243AD2d 645 [1997]). Lifson, J.P., Ritter, Florio and Carni, JJ., concur.