PEOPLE v. RODRIGUEZ (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered November 7, 2005, convicting him of robbery in the second degree, sexual abuse in the first degree, robbery in the third degree, assault in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413) deprived him of a fair trial is without merit.   The court properly weighed the probative value of the defendant's prior offenses on the issue of his credibility against the possible prejudice to him, and reached an appropriate compromise ruling (see People v. Fotiou, 39 A.D.3d 877, 834 N.Y.S.2d 319;  People v. Lopez, 37 A.D.3d 496, 830 N.Y.S.2d 236;  People v. McLaurin, 33 A.D.3d 819, 820, 826 N.Y.S.2d 279;  People v. Singletary, 116 A.D.2d 604, 497 N.Y.S.2d 466).

The defendant's contention that the persistent violent felony offender sentencing scheme under Penal Law § 70.08 violates the principles announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 is unpreserved for appellate review (see People v. Smith, 238 A.D.2d 451, 452, 656 N.Y.S.2d 348), and in any event, is without merit (see People v. Leon, 10 N.Y.3d 122, 855 N.Y.S.2d 38, 884 N.E.2d 1037;  People v. Rivera, 5 N.Y.3d 61, 800 N.Y.S.2d 51, 833 N.E.2d 194, cert. denied 546 U.S. 984, 126 S.Ct. 564, 163 L.Ed.2d 473;  People v. Rosen, 96 N.Y.2d 329, 728 N.Y.S.2d 407, 752 N.E.2d 844, cert. denied 534 U.S. 899, 122 S.Ct. 224, 151 L.Ed.2d 160).