PEOPLE v. HARVEY (2008)

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered June 2, 2005, convicting him of criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.  The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements to law enforcement officials.

ORDERED that the judgment is affirmed.

The County Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence and his statements to law enforcement officials (see People v. Ayers, 43 A.D.3d 1071, 841 N.Y.S.2d 462).  Further, the jury verdict was not repugnant (see People v. Saunders, 290 A.D.2d 461, 736 N.Y.S.2d 90;  People v. Mabry, 288 A.D.2d 326, 733 N.Y.S.2d 615).

The trial court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371, 375, 357 N.Y.S.2d 849, 314 N.E.2d 413) struck an appropriate balance between the probative value of the defendant's prior crimes on the issue of his credibility and the possible prejudice to him (see People v. Jones, 41 A.D.3d at 508, 838 N.Y.S.2d 126;  People v. Davis, 299 A.D.2d 420, 749 N.Y.S.2d 284).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).