Opinion
February 19, 1991
Appeal from the Supreme Court, New York County (Albert Williams, J.).
Testimony by the arresting officer that defendant was "hyper" and "drooling" at the time of his arrest did not circumvent the court's Sandoval ruling barring the prosecutor from inquiring into defendant's use of crack. A present sense impression does not fall under the strictures of a Sandoval ruling, nor did the terms in and of themselves violate the court's subsequent refusal to allow inquiry into the defendant's drug usage.
Further, if we were to find error, it would be considered harmless, based on the overwhelming evidence of guilt.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Rubin, JJ.