| People v Harvey |
| 2008 NY Slip Op 03667 [50 AD3d 1058] |
| April 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kenneth Harvey, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Vered Adoni of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered June 2, 2005, convicting him of criminal possession of a weapon in the third degree andcriminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.The appeal brings up for review the denial, after a hearing, of those branches of the defendant'somnibus motion which were to suppress physical evidence and statements to law enforcementofficials.
Ordered that the judgment is affirmed.
The County Court properly denied that branch of the defendant's omnibus motion which wasto suppress physical evidence and his statements to law enforcement officials (see People v Ayers, 43 AD3d 1071[2007]). Further, the jury verdict was not repugnant (see People v Saunders, 290 AD2d461 [2002]; People v Mabry, 288 AD2d 326 [2001]).
The trial court's Sandoval ruling (see Peoplev Sandoval, 34 NY2d 371, 375 [1974]) struck an appropriate balance between the probativevalue of the defendant's prior crimes on the issue of his credibility and the possible prejudice tohim (see People v Jones, 41 AD3dat 508 [2007]; People v Davis, 299 AD2d 420 [2002]). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Skelos, J.P., Dillon, Leventhal and Chambers, JJ., concur.