| People v Aguayo |
| 2011 NY Slip Op 05083 [85 AD3d 809] |
| June 7, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AlvinAguayo, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andDavid Korngold of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano,Jr., J.), rendered May 29, 2009, convicting him of attempted burglary in the second degree,criminal mischief in the third degree, and possession of burglar's tools, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
In ruling that, at trial, the prosecution would be permitted "limited" cross-examination of thedefendant regarding two of his prior burglary convictions, the Supreme Court in this instancestruck an appropriate balance "between the probative worth of evidence of prior specificcriminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, andon the other the risk of unfair prejudice to the defendant" (People v Sandoval, 34 NY2d371, 375 [1974]; see People vSpringer, 13 AD3d 657 [2004]; People v Alford, 178 AD2d 418 [1991]). Adefendant is not insulated from impeachment by use of past convictions merely because thosecrimes are similar to the crimes charged (see People v Pavao, 59 NY2d 282, 292 [1983];People v Springer, 13 AD3d at 657).
The defendant's contention that his adjudication as a persistent felony offender wasunconstitutional pursuant to Apprendi v New Jersey (530 US 466 [2000]) is withoutmerit (see People v Quinones, 12NY3d 116 [2009], cert denied 558 US —, 130 S Ct 104 [2009]; People v Rivera, 5 NY3d 61[2005], cert denied 546 US 984 [2005]; People v Rosen, 96 NY2d 329 [2001],cert denied 534 US 899 [2001]). Covello, J.P., Leventhal, Lott and Miller, JJ., concur.