PEOPLE v. MORALES (2000)

Judgment, Supreme Court, Bronx County (George Covington, J.), rendered April 23, 1997, convicting defendant, after a jury trial, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to a term of 1 1/313 to 4 years, unanimously affirmed.

 The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459, 611 N.Y.S.2d 118, 633 N.E.2d 472).   The court properly permitted the People to inquire about the underlying facts of a dismissed rape charge because it was relevant to defendant's willingness to place advancement of his individual self-interest ahead of the interests of society, and thus to his credibility (People v. Bennette, 56 N.Y.2d 142, 148, 451 N.Y.S.2d 647, 436 N.E.2d 1249), and because the dismissal was not a disposition on the merits (People v. Matthews, 68 N.Y.2d 118, 123, 506 N.Y.S.2d 149, 497 N.E.2d 287).

 The court properly exercised its discretion in permitting expert testimony as to records and procedures of the Department of Motor Vehicles, since this subject was beyond the knowledge of the average juror and the testimony did not usurp the functions of the jury (see, People v. Cronin, 60 N.Y.2d 430, 470 N.Y.S.2d 110, 458 N.E.2d 351).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.

MEMORANDUM DECISION.