PEOPLE v. BARRER

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

The PEOPLE of the State of New York, Respondent, v. Richard BARRER, etc., Defendant-Appellant.

Decided: October 30, 2001

WILLIAMS, J.P., ANDRIAS, WALLACH, LERNER and MARLOW, JJ. Nhu P. Nguyen, for Respondent. Karen Marcus, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered August 13, 1998, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 7 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 excluded any inquiry as to defendant's four misdemeanor convictions but properly permitted the People to inquire into the nature and underlying facts of defendant's two prior felony drug sale convictions as well as his use of an alias (People v. Castrillo, 260 A.D.2d 280, 690 N.Y.S.2d 10, lv. denied 93 N.Y.2d 1001, 695 N.Y.S.2d 747, 717 N.E.2d 1084) since these acts demonstrate defendant's willingness to place his interests above those of society and have a direct bearing on his veracity.