From Casetext: Smarter Legal Research

People v. Depass

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1990
168 A.D.2d 230 (N.Y. App. Div. 1990)

Summary

In People v Depass (168 A.D.2d 230, lv denied 77 N.Y.2d 876), we reduced to a term of 5 to 10 years, a sentence of 8 1/2 to 17 years for a $20 sale of crack.

Summary of this case from People v. Morales

Opinion

December 6, 1990

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


Defendant's claim that the prosecutor was obligated to turn over the property voucher and laboratory analysis request, concerning drugs found on a juvenile codefendant, has not been preserved. Were we to consider the claim, in the interest of justice, we would find it meritless. The evidence concerning the other drugs, elicited by defense counsel, was stricken at defendant's request. (Cf., People v. Kelly, 62 N.Y.2d 516, 521.)

Defendant's claim that he should have been advised that a diagram prepared by a police witness contained an error is similarly unpreserved. The diagram had been turned over to the defense for the trial. After the officer stated, on cross-examination, that he had brought the error to the attention of the District Attorney, defense counsel sought and obtained a stipulation. He did not move for a mistrial or other relief. Nor is any relief required in the interest of justice. Counsel used the inconsistency to his advantage on summation.

However, we find the sentence imposed, 8 1/2 to 17 years, excessive, for this crime involving only a single $20 sale of crack.

Concur — Murphy, P.J., Ross, Carro and Rosenberger, JJ.


Summaries of

People v. Depass

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1990
168 A.D.2d 230 (N.Y. App. Div. 1990)

In People v Depass (168 A.D.2d 230, lv denied 77 N.Y.2d 876), we reduced to a term of 5 to 10 years, a sentence of 8 1/2 to 17 years for a $20 sale of crack.

Summary of this case from People v. Morales

In People v. Depass (168 A.D.2d 230, lv denied 77 N.Y.2d 876), we reduced to a term of 5 to 10 years, a sentence of 8 1/2 to 17 years for a single $20 sale of crack.

Summary of this case from People v. Acosta

In People v Depass (168 A.D.2d 230, lv denied 77 N.Y.2d 876), we reduced to a term of 5 to 10 years, a sentence of 8 1/2 to 17 years for a single $20 sale of crack.

Summary of this case from People v. Delgado

In People v. Depass (168 A.D.2d 230, lv denied 77 N.Y.2d 876), we reduced to a term of 5 to 10 years, a sentence of 8 1/2 to 17 years for a single $20 sale of crack.

Summary of this case from People v. Diaz
Case details for

People v. Depass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLTON DEPASS…

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

Date published: Dec 6, 1990

Citations

168 A.D.2d 230 (N.Y. App. Div. 1990)
562 N.Y.S.2d 473

Citing Cases

People v. Ramsey

With respect to the deterrent effect of the sentence imposed, it cannot seriously be argued that the sentence…

People v. Perez

The court did not change the theory of the case, and defendant was not prejudiced (People v. Duncan, 46…