From Casetext: Smarter Legal Research

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 346 (N.Y. App. Div. 1996)

Opinion

February 27, 1996

Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).


Defendant's claim that the trial court improperly admitted evidence of uncharged crimes is without merit. The testimony complained of related to defendant's intent to sell, provided background information, and was inextricably interwoven with the crimes charged, and its probative value outweighed any prejudice ( People v. Hernandez, 216 A.D.2d 11, lv denied 86 N.Y.2d 795; People v. Perez, 221 A.D.2d 258). Moreover, the court gave sufficient limiting instructions to the jury respecting that evidence, and we presume that the jury followed those instructions ( People v. Davis, 58 N.Y.2d 1102; People v. Till, 87 N.Y.2d 835, 836-837). To the extent that some of the testimony arguably suggesting that defendant sold drugs on previous occasions was brought out by defense counsel, defendant cannot now claim prejudice ( People v. Rosario, 214 A.D.2d 345, lv denied 86 N.Y.2d 801). We do not find the sentence imposed to be unduly harsh or severe.

Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 346 (N.Y. App. Div. 1996)
Case details for

People v. Rodriguez

Case Details

Full title:The PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS RODRIGUEZ…

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

Date published: Feb 27, 1996

Citations

224 A.D.2d 346 (N.Y. App. Div. 1996)
638 N.Y.S.2d 620

Citing Cases

People v. Douyon

We reject defendant's contention that Supreme Court erred in admitting evidence of uncharged crimes. That…

People v. Vann

Testimony by Luck pertaining to a number of prior drug purchases from defendant was relevant to the issues of…