People
v.
Turner

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTSFeb 17, 2015
2015 N.Y. Slip Op. 50188 (N.Y. App. Div. 2015)

2013-49 OR CR

02-17-2015

The People of the State of New York, Respondent, v. Robert K. Turner, Appellant.


PRESENT: : , IANNACCI and GARGUILO, JJ.

Appeal from a judgment of the Justice Court of the Town of New Windsor, Orange County (Richard W. Thorpe, J.), rendered December 11, 2012. The judgment convicted defendant, upon a jury verdict, of petit larceny.

ORDERED that the judgment of conviction is affirmed.

Following a jury trial, defendant was convicted of petit larceny (Penal Law § 155.25). Defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review since he made only a general motion to dismiss and did not specify the ground raised on appeal (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of petit larceny beyond a reasonable doubt (see People v Olivo, 52 NY2d 309, 318 [1981]).

We further find that the trial court's Sandoval ruling was a provident exercise of its discretion. The court struck an appropriate balance between the probative value of defendant's prior convictions on the issue of credibility and the possible prejudice to him (see People v Williams, 56 NY2d 236, 238-239 [1982]; People v Thompson, 99 AD3d 819 [2012]). Furthermore, the fact that some of the convictions were more than 10 years old did not, in and of itself, require preclusion of those convictions for impeachment purposes (see People v Springer, 13 AD3d 657, 658 [2004]; People v Turner, 239 AD2d 447, 448 [1997]).

Accordingly, the judgment of conviction is affirmed.

Tolbert, J.P., Iannacci and Garguilo, JJ., concur.

Decision Date: February 17, 2015