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People v. Tramell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 989 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Niagara County Court, DiFlorio, J.

Present — Dillon, P.J., Doerr, Pine, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant asserts that the trial court erred in denying his motion to suppress because the warrant to search the premises at 1112 Ferry Avenue was overbroad. The warrant specified that 1112 Ferry Avenue was an apartment house and the area to be searched included the rear entrance way and basement. The police, in searching these areas, seized controlled substances. The description in the warrant, along with its supporting affidavit, sufficiently delineates the area of this multiple dwelling to enable the searcher to identify the place authorized to be searched (see, People v Brooks, 54 A.D.2d 333, 335; cf., People v Nieves, 36 N.Y.2d 396, 401; People v Henley, 135 A.D.2d 1136, lv denied 71 N.Y.2d 897).

Defendant further contends that the proof is insufficient to sustain his conviction for possession or sale of controlled substances because the People's proof did not establish the identity of the substances tested. We conclude that the extensive evidence of chemical analyses, including both screening and confirmatory tests, testified to by the People's forensic chemist was more than adequate to support the expert's opinion that the substances were cocaine and heroin (see, People v Flores, 138 A.D.2d 512, lv denied 72 N.Y.2d 859; People v Harris, 130 A.D.2d 939, lv denied 70 N.Y.2d 647). Additionally, the forensic chemist testified that prior to his use of the known standards he tested them to verify their identity (cf., People v Branton, 67 A.D.2d 664; People v Miller, 57 A.D.2d 668).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Tramell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 989 (N.Y. App. Div. 1989)
Case details for

People v. Tramell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD TRAMELL…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 989 (N.Y. App. Div. 1989)
543 N.Y.S.2d 1013

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