People v. Haugh — 84 A.D.3d 1401

Majority

p. 1401

The People of the State of New York, Respondent, v Mark C. Haugh, Appellant.

[923 NYS2d 891]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered September 7, 2006, convicting him of attempted assault in the first degree, assault in the second 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 County Court’s Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) properly balanced the probative value of the evidence of the defendant’s criminal background and the possible prejudice to him (see People v Harris, 74 AD3d 984 [2010]; People v Ward, 65 AD3d 1172 , 1173 [2009]; People v Hayes, 44 AD3d 683 [2007]). The fact that the defendant’s previous conviction took place 10 years earlier does not, by itself, warrant its preclusion for impeachment purposes (see People v White, 60 AD3d 1095 , 1096 [2009]; People v Fotiou, 39 AD3d 877 , 878 [2007]).

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 , 492 [2008]; People v Clemmons, 83 AD3d 859 [2011]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to estab

p. 1402

lish the defendant’s guilt beyond a reasonable doubt (see People v Serrano, 74 AD3d 1104 , 1105-1106 [2010]; Matter of Sean R., 33 AD3d 925 [2006]; People v Samwell, 287 AD2d 663 [2001]; People v Smalls, 282 AD2d 694 , 695 [2001]). Moreover, upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P, Balkin, Lott and Austin, JJ., concur.

Cases cited

People v. Sandoval 34 NY2d 371 N.Y. 1974-06-19 p. 1401
People v. Ward 65 AD3d 1172 N.Y. App. Div. 2009-09-15 at 1173 p. 1401
People v. Hayes 44 AD3d 683 N.Y. App. Div. 2007-10-02 p. 1401
People v. Hawkins 11 NY3d 484 N.Y. 2008-11-25 at 492 p. 1401
People v. Clemmons 83 AD3d 859 N.Y. App. Div. 2011-04-12 p. 1401
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 1401
In re Sean R. 33 AD3d 925 N.Y. App. Div. 2006-10-24 p. 1402
People v. Samwell 287 AD2d 663 N.Y. App. Div. 2001-10-22 p. 1402
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 1402
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 1402