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People v. Adams

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 609 (N.Y. App. Div. 2002)

Opinion

1656

September 26, 2002.

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered March 14, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 8 to 16 years, unanimously affirmed.

ILISA T. FLEISCHER, for respondent.

NANCY E. LITTLE, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Ellerin, Rubin, Friedman, JJ.


The court properly exercised its discretion when it denied defendant's motion to reopen the suppression hearing since the insignificant discrepancy between the ghost officer's trial testimony and the arresting officer's hearing testimony would not have affected the outcome of the hearing (People v. Hardy, 275 A.D.2d 656, lv denied 96 N.Y.2d 735).

Defendant's claim regarding the court's instruction on "lack of evidence" is unpreserved (People v. Roldos, 161 A.D.2d 610, lv denied 76 N.Y.2d 864), and we decline to review it in the interest of justice. Were we to review this claim, we would find that even if there were any error, it was harmless in view of the overwhelming evidence of defendant's guilt (id.).

We find no basis to disturb the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 609 (N.Y. App. Div. 2002)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LINWOOD ADAMS…

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

Date published: Sep 26, 2002

Citations

297 A.D.2d 609 (N.Y. App. Div. 2002)
747 N.Y.S.2d 361