From Casetext: Smarter Legal Research

People v. Zorilla

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 582 (N.Y. App. Div. 1995)

Opinion

January 31, 1995

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


Evidence of defendant's drug selling operation was introduced into evidence to explain defendant's motive for directing his accomplices to kill the victim, whom defendant believed to have been selling drugs for another dealer. This evidence also explained why the victim's body was found in a car connected to defendant, how defendant could direct his accomplices to kill the victim, and why they would do so when they lacked a personal motive. Since the evidence was probative of motive (People v. Molineux, 168 N.Y.2d 264), provided relevant background information and completed the narrative (People v Castro, 101 A.D.2d 392, affd 65 N.Y.2d 683) was inextricably interwoven with the offenses charge and the probative value of the evidence outweighed the potential for undue prejudice (People v. Alvino, 71 N.Y.2d 233, 241-242), we find no abuse of discretion in the court's ruling.

By failing to seek relief pursuant to CPL 440.10, defendant has failed to provide an adequate record upon which we can review his present claim of ineffective representation of counsel (People v Love, 57 N.Y.2d 998, 1000). On the present state of the record, we cannot conclude that defendant was denied meaningful representation.

Concur — Murphy, P.J., Rosenberger, Ross, Asch and Nardelli, JJ.


Summaries of

People v. Zorilla

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 582 (N.Y. App. Div. 1995)
Case details for

People v. Zorilla

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ZORILLA, Appellant

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

Date published: Jan 31, 1995

Citations

211 A.D.2d 582 (N.Y. App. Div. 1995)
622 N.Y.S.2d 31

Citing Cases

People v. Tai

Since cross-examination of a witness manifested a strategy of suggesting a recent fabrication, the prosecutor…

People v. O'Kane

Before: Ellerin, J.P., Nardelli, Rubin and Mazzarelli, JJ. The count charging criminal possession of a weapon…