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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 169 (N.Y. App. Div. 1997)

Opinion

March 18, 1997.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered June 29, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 10 to 20 years, 1 year and 1 year, respectively, unanimously affirmed.

Before: Wallach, J.P., Nardelli, Rubin and Williams, JJ.


Defendant failed to preserve his current argument that the court should have given the jury an instruction limiting evidence of contemporaneous uncharged sales to the possession with intent to sell count, and we decline to review it in the interest of justice. Were we to review it, we would find it to be without merit because no such instruction was necessary since this evidence was admissible as to all counts ( People v Pressley, 216 AD2d 202, lv denied 86 NY2d 800).

We perceive no abuse of sentencing discretion.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 169 (N.Y. App. Div. 1997)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE SMITH, Also…

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

Date published: Mar 18, 1997

Citations

237 A.D.2d 169 (N.Y. App. Div. 1997)
655 N.Y.S.2d 362