| People v Garrett |
| 2005 NY Slip Op 09005 [23 AD3d 579] |
| November 21, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Steven Garrett, Appellant. |
—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 11, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]), as it struck a proper balance between the probative value of the evidence of the defendant's criminal history and the possible prejudice against him (see People v Powell, 4 AD3d 489, 490 [2004]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.P., Krausman, Skelos and Covello, JJ., concur.