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People v. Little

Supreme Court of New York, Appellate Division, First Department
Apr 1, 1997
238 A.D.2d 129 (N.Y. App. Div. 1997)

Opinion


         Mathew Kleiner, for Respondent.

        Michael E. Lipson, for Defendant-Appellant.

        Before MILONAS, J.P., and WALLACH, NARDELLI and TOM, JJ.

        MEMORANDUM DECISION.

        Judgment, Supreme Court, New York County (James Leff, J.), rendered February 8, 1995, 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 6 to 12 years, unanimously affirmed.

        Defendant was not deprived of a fair trial by various peripheral background references to police procedures in narcotics investigations, since these references did not imply defendant's dangerousness or his involvement in uncharged criminal activity (see, People v. Garcia, 83 N.Y.2d 817, 611 N.Y.S.2d 490, 633 N.E.2d 1094). The court properly denied, without a hearing, defendant's motion to set aside the verdict alleging juror misconduct, since the jury verdict should not be impeached by alleged statements of the juror in this case, made after the verdict had been returned (see, People v. Redd, 164 A.D.2d 34, 561 N.Y.S.2d 439). We perceive no abuse of discretion in sentencing. We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Little

Supreme Court of New York, Appellate Division, First Department
Apr 1, 1997
238 A.D.2d 129 (N.Y. App. Div. 1997)
Case details for

People v. Little

Case Details

Full title:People v. Little

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

Date published: Apr 1, 1997

Citations

238 A.D.2d 129 (N.Y. App. Div. 1997)
656 N.Y.S.2d 10