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People v. Sierra

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1997
237 A.D.2d 159 (N.Y. App. Div. 1997)

Opinion

March 13, 1997.

Judgment, Supreme Court, New York County (Alvin Schlesinger, J., at suppression; Bruce Allen, J., at jury trial and sentence), rendered June 6, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.

Before: Milonas, J.P., Ellerin, Wallach and Nardelli, JJ.


Defendant's claim that the court improperly received evidence of an uncharged drug transaction by a codefendant is unpreserved and we decline to review it in the interest of justice. Were we to review it, we would find that the evidence was inextricably intertwined with the charged sale that occurred only moments later ( see, People v Ventimiglia, 52 NY2d 350, 361).

Defendant's challenges to the prosecutor's summation are unpreserved (CPL 470.05; People v Balls, 69 NY2d 641), and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged remarks were based on the evidence and proper response to the defense summation.


Summaries of

People v. Sierra

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 1997
237 A.D.2d 159 (N.Y. App. Div. 1997)
Case details for

People v. Sierra

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO SIERRA, Appellant

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

Date published: Mar 13, 1997

Citations

237 A.D.2d 159 (N.Y. App. Div. 1997)
655 N.Y.S.2d 359