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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN GARVEY, Appellant.

Judgment affirmed.

The trial court's Sandoval ruling was proper. It reflected due consideration of the criteria set out in People v Sandoval ( 34 N.Y.2d 371) and successfully balanced the competing interests of the defendant and the People. In addition, we conclude that the imposed sentence of 5 to 10 years' imprisonment on the defendant's burglary conviction was not unduly harsh or excessive and did not constitute an abuse of the sentencing court's discretion (see, People v Suitte, 90 A.D.2d 80). Mollen, P.J., Gibbons, Brown and Niehoff, JJ., concur.

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PEOPLE v. GARVEY
(Dec 16, 1985)