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THE PEOPLE, ETC., respondent, v. PAUL POWELL, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371, 374-375), as it struck a proper balance between the probative worth of the evidence of the defendant's criminal history and the possible prejudice to him ( see People v. Torres, 302 A.D.2d 411; People v. Forino, 287 A.D.2d 519).

The defendant's challenges to the prosecutor's summation are unpreserved for appellate review because he either failed to make specific and timely objections thereto ( see CPL 470.05; People v. Williams, 303 A.D.2d 772; People v. Joseph, 298 A.D.2d 601) or failed to seek further ameliorative action after certain objections were sustained ( see People v. Medina, 53 N.Y.2d 951; People v. Joseph, supra; People v. Woods, 296 A.D.2d 430).

SANTUCCI, J.P., S. MILLER, COZIER and RIVERA, JJ., concur.

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PEOPLE v. POWELL
(Feb 17, 2004)