| People v Parker |
| 2008 NY Slip Op 03957 [50 AD3d 585] |
| April 29, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Parker, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Lawrence H. Cunningham of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Thomas Farber, J.), rendered March 14, 2006,convicting defendant, after a jury trial, of criminal sale of a controlled substance in the firstdegree, and sentencing him to a term of 15 years to life, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the jury's determinations concerning credibility. The fact that the juryacquitted defendant of another sale described by the same undercover officer does not warrant adifferent conclusion (see People v Rayam, 94 NY2d 557 [2000]).
The court's Sandoval ruling balanced the appropriate factors and was a properexercise of discretion (see People v Hayes, 97 NY2d 203 [2002]; People vWalker, 83 NY2d 455, 458-459 [1994]). The court properly permitted elicitation ofdefendant's attempted murder conviction, which was relevant to his credibility as a witness. Thepotential for prejudice was minimized by the fact that the prior conviction was very differentfrom the charges upon which defendant was being tried, and by the court's preclusion of anyreference to the underlying facts. Concur—Saxe, J.P., Nardelli, Buckley and Catterson, JJ.