From Casetext: Smarter Legal Research

People v. Flye

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2004
4 A.D.3d 251 (N.Y. App. Div. 2004)

Opinion

2911.

Decided February 24, 2004.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered January 7, 1997, 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 5 to 10 years, unanimously affirmed.

Danit Almog, for Respondent.

Allen Fallek, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Saxe, Ellerin, Marlow, JJ.


The court properly exercised its discretion in permitting very brief police testimony about methods used by drug dealers to avoid being caught with prerecorded buy money. Evidence that defendant had opportunities, both during and after the transaction, to employ such methods without being seen by any of the officers provided a suitable factual predicate for this testimony ( see People v. Brown, 97 N.Y.2d 500, 505-507; People v. Garcia, 309 A.D.2d 514).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

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


Summaries of

People v. Flye

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 2004
4 A.D.3d 251 (N.Y. App. Div. 2004)
Case details for

People v. Flye

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK FLYE, ETC.…

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

Date published: Feb 24, 2004

Citations

4 A.D.3d 251 (N.Y. App. Div. 2004)
771 N.Y.S.2d 655

Citing Cases

State v. Goris

The testimony was particularly relevant since defendant argued that the failure to recover a drug stash…

People v. Sanchez

As an alternative holding, we also reject them on the merits. Evidence warranting the inference that…