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People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1999
262 A.D.2d 134 (N.Y. App. Div. 1999)

Opinion

June 15, 1999.

Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).


The court properly received background testimony regarding the workings of street-level drug selling operations from an officer whose testimony demonstrated that he had sufficient experience to qualify as an expert on that subject, notwithstanding that the court did not formally declare him to be an expert witness ( People v. Lacend, 216 A.D.2d 112, 113, lv denied 87 N.Y.2d 923). All of defendant's remaining challenges to the expert testimony are unpreserved ( People v. Tevaha, 84 N.Y.2d 879), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the brief, limited, non-prejudicial testimony was necessary to explain the accessorial liability of the codefendant at this joint trial, and was also relevant to defendant's own guilt, especially with regard to his connection to a quantity of drugs not found on his person ( see, People v. Kelsey, 194 A.D.2d 248, 252-253).

Defendant's contention that the indictment was duplicitous is unpreserved, and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.

Concur — Rosenberger, J.P., Tom, Rubin, Saxe and Buckley, JJ.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1999
262 A.D.2d 134 (N.Y. App. Div. 1999)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIL POWELL, Appellant

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

Date published: Jun 15, 1999

Citations

262 A.D.2d 134 (N.Y. App. Div. 1999)
692 N.Y.S.2d 322

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