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People v. Sherwood

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1997
244 A.D.2d 290 (N.Y. App. Div. 1997)

Opinion

November 25, 1997

Appeal from the Supreme Court, New York County (Harold Rothwax, J., at hearing; Nicholas Figueroa, J., at jury trial and sentencing).


Defendant's suppression motion was properly denied. There was ample evidence establishing probable cause for defendant's arrest, including an exchange of money for unseen objects taken out of a plastic bag, recognized by the experienced observing officer to be a drug transaction ( see, People v. Jones, 90 N.Y.2d 835), and the fact that, prior to arresting defendant, the police learned that drugs had been recovered from defendant's purchaser shortly after the transaction with defendant took place.

By failing to request further relief after appropriate curative action by the court, defendant has not preserved his current claim that the People's summation denied him a fair trial, and we decline to review it in the interest of justice. Were we to review it, we would find that the challenged portions of the People's summation do not warrant reversal ( see, People v D'Alesandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). Defendant's remaining contention is unpreserved and without merit.

Concur — Milonas, J.P., Rosenberger, Rubin, Williams and Colabella, JJ.


Summaries of

People v. Sherwood

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1997
244 A.D.2d 290 (N.Y. App. Div. 1997)
Case details for

People v. Sherwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUPERT SHERWOOD…

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

Date published: Nov 25, 1997

Citations

244 A.D.2d 290 (N.Y. App. Div. 1997)
665 N.Y.S.2d 409

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