From Casetext: Smarter Legal Research

People v. Eric Simmons

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 152 (N.Y. App. Div. 1996)

Opinion

October 1, 1996.

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered December 3, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Before: Murphy, P.J., Wallach, Kupferman, Williams and Mazzarelli, JJ.


The trial court properly found the officer's testimony concerning his experience in buy-and-bust operations, the objectives of the tactical narcotics team, and definition of such terms as "hand-to-hand", "stash man", "money man", "ghost" and "prerecorded buy money" to be more probative than prejudicial, since it served to educate the jury regarding the officers' roles in the operation and to explain why defendant was not in possession of prerecorded buy money or drugs when arrested ( compare, People v Kelsey, 194 AD2d 248, 252-253, with People v Alfonso, 194 AD2d 358). Moreover, the potential for prejudice was minimized by the court's limiting instruction.


Summaries of

People v. Eric Simmons

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 152 (N.Y. App. Div. 1996)
Case details for

People v. Eric Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SIMMONS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 1, 1996

Citations

232 A.D.2d 152 (N.Y. App. Div. 1996)
648 N.Y.S.2d 10

Citing Cases

Thomas v. Breslin

"), appeal denied, 91 N.Y.2d 978, 672 N.Y.S.2d 857 (1998); People v. Parks, 237 A.D.2d 105, 105, 654 N.Y.S.2d…