| People v White |
| 2009 NY Slip Op 02643 [60 AD3d 1095] |
| March 31, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Monroe White, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Karen WigleWeiss, and Danielle Hartman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.),rendered November 14, 2006, convicting him of robbery in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofrobbery in the second degree is unpreserved for appellate review (see CPL 470.05 [2];People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the lightmost favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we findthat it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that theverdict of guilt was not against the weight of the evidence (see People v Romero, 7NY3d 633 [2006]).
The defendant's challenge to the Sandoval ruling (see People v Sandoval, 34NY2d 371 [1974]) is without merit. The trial court properly balanced the probative value of theevidence against the danger of prejudice (id.). That prior convictions were remote in timedid not automatically bar cross-examination of the defendant with respect thereto (see Peoplev Walker, 83 NY2d 455, 459 [1994]). Additionally, the mere fact that some of the priorconvictions into which inquiry was to be permitted were similar to the crime [*2]charged did not demand their exclusion (see People vHayes, 97 NY2d 203 [2002]; People v Fotiou, 39 AD3d 877, 878 [2007]). Mastro,J.P., Rivera, Dickerson and Leventhal, JJ., concur.