PEOPLE v. ROSA (2002)

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered November 6, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 1/212 to 11 years, unanimously affirmed.

The verdict was not against the weight of the evidence.   Defendant's claims are similar to arguments rejected by this Court on the codefendant's appeal (People v. Washington, 289 A.D.2d 77, 734 N.Y.S.2d 61) and we see no reason to reach a different result herein.

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;  People v. Mattiace, 77 N.Y.2d 269, 275-276, 567 N.Y.S.2d 384, 568 N.E.2d 1189;  People v. Pavao, 59 N.Y.2d 282, 292, 464 N.Y.S.2d 458, 451 N.E.2d 216).   The People were permitted to elicit the fact that defendant had three felony convictions but were only permitted to identify the most recent conviction as a drug sale conviction even though all three were for selling drugs.

We perceive no basis for a reduction of sentence.