From Casetext: Smarter Legal Research

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 822 (N.Y. App. Div. 1990)

Opinion

May 29, 1990

Appeal from the Supreme Court, Kings County (Rienzi, J.).


Ordered that the judgments are affirmed.

Contrary to the defendant's contentions, the admission of testimony indicating that he was of Colombian origin did not deprive him of his right to a fair trial. The record establishes that the prosecutor sought to adduce testimony regarding the defendant's pedigree information as given to the police after his arrest (see, People v. Rodriguez, 39 N.Y.2d 976), in order to negate the defendant's defense that his arrest was based on misidentification. The defendant had informed the undercover officers during the so-called "buy and bust" operation that his drug connection was in Colombia. Thus, the testimony as to the defendant's Colombian origins was relevant to his identification and was not admitted to arouse the prejudices of the jurors (see, People v. Longo, 151 A.D.2d 786; People v. Thomas, 129 A.D.2d 596).

Further, we find no merit to the defendant's contention that the court committed reversible error by permitting the supervising police sergeant of the "buy and bust" operation to refer in his testimony to a report which he had signed, but which apparently had been prepared by other officers. Since the undercover officers who were the key eyewitnesses testified at trial in great detail as to the events recorded in that report, the sergeant's testimony was either cumulative, or if not, pertained to minor aspects of the People's case. Thus, there was no significant probability that had the sergeant's testimony been excluded, the defendant would have been acquitted, and accordingly, any alleged error was harmless (see, People v Crimmins, 36 N.Y.2d 230).

Finally, we have reviewed the remaining contentions in the defendant's supplemental pro se brief and find them to be unpreserved for appellate review (CPL 470.05) and, in any event, lacking in merit. Kooper, J.P., Harwood, Balletta and Miller, JJ., concur.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
May 29, 1990
161 A.D.2d 822 (N.Y. App. Div. 1990)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIRO VARGAS, Appellant

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

Date published: May 29, 1990

Citations

161 A.D.2d 822 (N.Y. App. Div. 1990)
556 N.Y.S.2d 145

Citing Cases

People v. Toledo

The prosecutor's references to the alias "Colombia Dave" did not exceed the scope of Supreme Court's…

People v. Castillo

Contrary to defendant's present assertion, the record reveals that the court addressed this theory of…