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People v. Spear

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 347 (N.Y. App. Div. 1997)

Opinion

January 28, 1997.

Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered March 8, 1994, convicting defendant, after a jury trial, 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: Nardelli, J. P., Rubin, Mazzarelli and Andrias, JJ.


Defendant's general, unelaborated objections did not preserve his current challenges to police testimony, or to comments during the prosecutor's summation, that prerecorded buy money is not always recovered after an undercover sale ( People v Tevaha, 84 NY2d 879), and we decline to review them in the interest of justice. Were we to review them, we would conclude that the testimony did not contain the type of statistical evidence condemned in People v Kelsey ( 194 AD2d 248, 253).


Summaries of

People v. Spear

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 347 (N.Y. App. Div. 1997)
Case details for

People v. Spear

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SPEAR, Appellant

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

Date published: Jan 28, 1997

Citations

235 A.D.2d 347 (N.Y. App. Div. 1997)
652 N.Y.S.2d 966