From Casetext: Smarter Legal Research

People v. Roach

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1993
196 A.D.2d 898 (N.Y. App. Div. 1993)

Opinion

September 27, 1993

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The two police officers who observed the drug transaction in question identified the defendant in court as the seller, and the cocaine found in the buyer's possession was properly admitted into evidence (see, People v Julian, 41 N.Y.2d 340; People v Brown, 182 A.D.2d 691, 692).

We find that the prosecution's summation did not deprive the defendant of a fair trial. The trial court sustained almost all of the defendant's objections, and no curative instructions were requested. Under the circumstances, the court properly concluded that a mistrial was an inappropriate remedy for any prejudice which may have occurred (see, People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Rosenblatt, J.P., Lawrence, O'Brien and Copertino, JJ., concur.


Summaries of

People v. Roach

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1993
196 A.D.2d 898 (N.Y. App. Div. 1993)
Case details for

People v. Roach

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNDON ROACH, Appellant

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

Date published: Sep 27, 1993

Citations

196 A.D.2d 898 (N.Y. App. Div. 1993)
601 N.Y.S.2d 962