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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1995
213 A.D.2d 249 (N.Y. App. Div. 1995)

Opinion

March 16, 1995

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


The evidence that the area where the defendant was arrested was drug prone and that a Tactical Narcotics Team was deployed there because of community complaints was properly admitted as useful background explaining police presence and conduct (see, People v Kelsey, 194 A.D.2d 248, 252); nor was defendant deprived of his right to choose whether to testify by the court's instructions during voir dire concerning the evaluation of evidence of prior crimes committed by a testifying defendant, which, in context, were couched hypothetically, and properly instructed that such evidence was limited to the issue of credibility. We perceive no abuse of sentencing discretion. Defendant's remaining arguments are unpreserved for appellate review as a matter of law, and we decline to review them in the interest of justice.

Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1995
213 A.D.2d 249 (N.Y. App. Div. 1995)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR GARCIA…

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

Date published: Mar 16, 1995

Citations

213 A.D.2d 249 (N.Y. App. Div. 1995)
624 N.Y.S.2d 16

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