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People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 912 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Judgment of Herkimer County Court, Kirk, J. — Criminal Sale Controlled Substance, 3rd Degree.

PRESENT: DENMAN, P. J., PINE, HAYES, WISNER AND BALIO, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts each of criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). Defendant contends that County Court erred in instructing the jury on the agency defense because it failed to tailor its charge to the facts. We disagree. The court properly determined that there was no evidence indicating that defendant obtained a portion of the drugs for himself and a portion for the undercover officer (cf., People v. Andujas, 79 N.Y.2d 113, 118).

The court did not abuse its discretion in refusing to allow a defense witness to testify regarding collateral matters solely for the purpose of impeaching a prosecution witness (see, People v. Pavao, 59 N.Y.2d 282, 288-289). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 912 (N.Y. App. Div. 1999)
Case details for

People v. Lewis

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. TIMOTHY R…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 912 (N.Y. App. Div. 1999)
698 N.Y.S.2d 177