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PEOPLE, res, v. JOSE MACAIBA, def-ap

3843. PEOPLE, res, v. JOSE MACAIBA, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Ronald Alfano of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for res — Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 20, 2012, convicting defendant, after a jury trial, of two counts each of grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree and identity theft in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

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3843. PEOPLE, res, v. JOSE MACAIBA, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Ronald Alfano of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for res — Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered November 20, 2012, convicting defendant, after a jury trial, of two counts each of grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree and identity theft in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The court’s Sandoval ruling balanced the appropriate factors and was a provident exercise of discretion (see People v. Hayes, 97 NY2d 203 [2002]; People v. Pavao, 59 NY2d 282, 292 [1983]). Out of defendant’s extensive record, the court only permitted inquiry into two theft-related convictions, without permitting inquiry into the underlying facts. Although defendant asserts that the People should only have been permitted to elicit defendant’s conviction of unspecified felonies, these theft-related crimes were highly probative of credibility, and it was an appropriate exercise of the court’s discretion to permit these convictions to be identified in order to assist the jury in evaluating defendant’s testimony.

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