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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN GARRETT, Appellant.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 NY2d 371), as it struck a proper balance between the probative value of the evidence of the defendant's criminal history and the possible prejudice against him ( see People v. Powell, 4 AD3d 489, 490).

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

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PEOPLE v. GARRETT
(Nov 21, 2005)