Opinion
7828 Ind. 3716/15
12-06-2018
The PEOPLE of the State of New York, Respondent, v. Ken GOODWIN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (M. Callagee O'Brien of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (M. Callagee O'Brien of counsel), for respondent.
Friedman, J.P., Kapnick, Webber, Kahn, Kern, JJ.
The court providently exercised its discretion in permitting a witness with extensive experience regarding the presence of weapons in correctional facilities to provide background testimony about how weapons are smuggled into, or created or hidden in, such places. One of the contested issues at trial was whether the victim's injury had been inflicted by means of a dangerous instrument, and the testimony at issue was helpful to the jury in explaining how defendant was able to have a weapon in jail and why it was not recovered. This evidence was analogous to background testimony on methods used by drug dealers to avoid being caught with drugs and buy money, and such testimony has long been accepted by courts (see People v. Brown, 97 N.Y.2d 500, 505–507, 743 N.Y.S.2d 374, 769 N.E.2d 1266 [2002] ). Furthermore, there was nothing unduly prejudicial about this evidence.
We perceive no basis for reducing the sentence.