From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2002
300 A.D.2d 154 (N.Y. App. Div. 2002)

Opinion

2633

December 19, 2002.

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered December 7, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5½ to 11 years, unanimously affirmed.

Daniel B. Navabpour, for respondent.

Julie Fendo, for defendant-appellant.

Before: WILLIAMS, P.J., ANDRIAS, BUCKLEY, LERNER, GONZALEZ, JJ.


Defendant's claim that an undercover detective should not have been allowed to testify anonymously is unpreserved (see People v. Wright, 288 A.D.2d 28, lv denied 97 N.Y.2d 735), and we decline to review it in the interest of justice. Were we to review the claim, we would find that the record shows that the detective's name was, in fact, revealed during the trial. In any event, anonymity would have been appropriate and would not have caused defendant any prejudice (see People v. Kearse, 215 A.D.2d 104, lv denied 86 N.Y.2d 797).

The record establishes that defendant received meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 713-714).

We perceive no basis for reducing the sentence.

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


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2002
300 A.D.2d 154 (N.Y. App. Div. 2002)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ADRIAN GONZALEZ…

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

Date published: Dec 19, 2002

Citations

300 A.D.2d 154 (N.Y. App. Div. 2002)
750 N.Y.S.2d 854

Citing Cases

People v. Montoya

Lastly, the defendant's claim that the undercover officer should not have been allowed to testify anonymously…