People v. Hall

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered January 30, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s contention that certain remarks by the prosecutor during opening statements and. summation were improper is unpreserved for appellate review (see, CPL 470.05 [2]; People v Dien, 77 NY2d 885 ; People v Mapp, 245 AD2d 307 ). In any event, the challenged comments were harmless given the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 , 241-242; People v Corrica, 243 AD2d 722 , lv denied 91 NY2d 890 ).

Contrary to the defendant’s contention, the court’s Sandoval ruling reflected a proper balancing between the prejudicial effect of his prior convictions and their probative value on the issue of his credibility (see, People v Sandoval, 34 NY2d 371 ). The mere number of convictions was not unduly prejudicial

The defendant was provided with meaningful representation by counsel throughout the pretrial hearing, the trial, and the sentencing (see, People v Flores, 84 NY2d 184 , 186; People v Baldi, 54 NY2d 137 , 147).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contention is without merit. S. Miller, J. P., Santucci, Krausman and Florio, JJ., concur.