People
v.
Hewitt

Appellate Division of the Supreme Court of New York, Second DepartmentOct 23, 1995
633 N.Y.S.2d 58 (N.Y. App. Div. 1995)
633 N.Y.S.2d 58220 A.D.2d 686

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October 23, 1995

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


Ordered that the judgments are affirmed.

At the trial pursuant to Indictment No. 5154/92, it was error to have permitted the People to present expert testimony that the illegal drugs possessed by the defendant were intended for sale (see, People v. Goodwine, 177 A.D.2d 708). However, based on the testimony concerning the quantity (56 vials), value, and distinctive packaging of the cocaine, and the otherwise overwhelming proof of guilt, we find the error to be harmless (see, People v. Goodwine, supra; People v. Nelson, 189 A.D.2d 828; People v. Herndon, 176 A.D.2d 817).

The defendant's remaining contentions are either academic, unpreserved for appellate review, or without merit (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). Balletta, J.P., Thompson, Ritter and Florio, JJ., concur.