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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2003
304 A.D.2d 375 (N.Y. App. Div. 2003)

Opinion

756

April 10, 2003.

Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered October 25, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years and 1 year, respectively, unanimously affirmed.

Jennifer Chung, for respondent.

Robert E. Carrigan, for defendant-appellant.

Before: Buckley, P.J., Nardelli, Andrias, Friedman, Gonzalez, JJ.


Defendant was not deprived of a fair trial by brief and limited expert testimony concerning street-level drug transactions. The testimony was relevant under the circumstances to explain the fact that the police did not recover prerecorded buy money (see People v. Brown, 97 N.Y.2d 500, 506-507).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2003
304 A.D.2d 375 (N.Y. App. Div. 2003)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH…

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

Date published: Apr 10, 2003

Citations

304 A.D.2d 375 (N.Y. App. Div. 2003)
756 N.Y.S.2d 747

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