PEOPLE v. FALCON

The trial court properly considered defendant's extended incarceration in determining the probative value of defendant's two prior felony convictions, and avoided any undue prejudice to defendant by precluding inquiry regarding the underlying facts and nature of those convictions (People v Ortiz, 156 A.D.2d 197, 198, lv denied 76 N.Y.2d 740).

As conceded by the People, defendant's conviction for burglary in the second degree is deemed dismissed as an inclusory concurrent count under the burglary in the first degree conviction (CPL 300.40 [b]).

We perceive no abuse of discretion in sentencing.

Concur — Sullivan, J.P., Carro, Rosenberger, Ross and Asch, JJ.