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People v. Mills

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 220 (N.Y. App. Div. 1995)

Opinion

March 14, 1995

Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).


Defendant's contention that he was deprived of a fair trial by the testimony of a police officer that he observed two or three persons approach defendant and "engage in transactions", is unpreserved for appellate review as a matter of law (CPL 470.05; People v. Williams, 70 N.Y.2d 946), and we decline to review it in the interest of justice. If we were to review it, we would find that this evidence of uncharged drug sales was properly admitted to establish that defendant possessed the heroin with the intent to sell (People v. Alvino, 71 N.Y.2d 233, 245). Concerning the People's summation, the challenged comments were fair responses to defendant's arguments (People v. Galloway, 54 N.Y.2d 396, 399).

Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Mazzarelli, JJ.


Summaries of

People v. Mills

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 220 (N.Y. App. Div. 1995)
Case details for

People v. Mills

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEAMON MILLS, Appellant

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

Date published: Mar 14, 1995

Citations

213 A.D.2d 220 (N.Y. App. Div. 1995)
623 N.Y.S.2d 588