PEOPLE v. FLORES (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Angel FLORES, Defendant-Appellant.

Decided: September 28, 1999

SULLIVAN, J.P., NARDELLI, WALLACH, ANDRIAS and FRIEDMAN, JJ.

Jon Veiga, for Respondent. Jojo Annobil, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered December 5, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The court's Sandoval ruling permitting defendant's impeachment by the fact he was convicted of three felonies and a misdemeanor, including disclosure that one felony was for attempted drug possession, while precluding inquiry into any underlying facts, constituted a proper exercise of discretion (see, People v. Pavao, 59 N.Y.2d 282, 292, 464 N.Y.S.2d 458, 451 N.E.2d 216).

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION

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