PEOPLE v. GARRO

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

The PEOPLE of the State of New York, Respondent, v. George O'GARRO, Defendant-Appellant.

Decided: February 25, 1999

ROSENBERGER, J.P., ELLERIN, WILLIAMS and ANDRIAS, JJ. William McGuire, for Respondent. Michelle Benoit, for Defendant-Appellant.

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered November 15, 1995, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   We see no reason to disturb the jury's determinations concerning identification.

The court's Sandoval ruling was appropriately balanced and was a proper exercise of discretion.   Defendant's forgery conviction and its underlying facts were highly relevant to credibility, and the misdemeanor convictions, not excessive in number, were elicited without identifying their nature or underlying facts, notwithstanding that the underlying bases of those convictions were extremely relevant on the issue of defendant's credibility (see, People v. Walker, 83 N.Y.2d 455, 459, 611 N.Y.S.2d 118, 633 N.E.2d 472).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would find that the prosecutor's cross-examination of defendant and summation did not use defendant's prior record to establish criminal propensity, and that the court's identification charge suitably covered the issues raised by defendant.

MEMORANDUM DECISION.