Majority
The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion. In this case involving a confidence game that became a robbery, the court properly permitted elicitation, inter alia, of the underlying facts of defendant’s prior conviction involving a similar confidence game, since that conviction had a very high degree of probative value concerning defendant’s credibility, and this probative value outweighed its prejudicial effect (see, People v Hayes, 97 NY2d 203 ; People v Mattiace, 77 NY2d 269 , 275-276; People v Pavao, 59 NY2d 282 , 292).
We find the sentences excessive to the extent indicated. Concur — Andrias, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.
Cases cited
- People v. Hayes 97 NY2d 203 p. 258
- People v. Mattiace 77 NY2d 269 at 275-276 p. 258
- People v. Pavao 59 NY2d 282 at 292 p. 258