People v. Arce-Santiago

2017 NY Slip Op 7485, 154 A.D.3d 1172, 63 N.Y.S.3d 140
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 26, 2017
Docket106952
StatusPublished
Cited by10 cases

This text of 2017 NY Slip Op 7485 (People v. Arce-Santiago) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Arce-Santiago, 2017 NY Slip Op 7485, 154 A.D.3d 1172, 63 N.Y.S.3d 140 (N.Y. Ct. App. 2017).

Opinion

Peters, P.J.

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered July 22, 2014, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts).

Defendant was indicted for criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts) stemming from his alleged sale of heroin to a confidential informant (hereinafter Cl) on August 27, 2013, August 28, 2013 and September 4, 2013. On each occasion, the Cl placed a call to defendant in advance and was thereafter transported by law enforcement officials to the agreed-upon buy location, where defendant provided the Cl with heroin in exchange for marked buy money. During all three transactions, the Cl wore a transmitter that enabled the investigating officers to listen to and capture an audio recording of the sales. Following a jury trial, defendant was convicted as charged and sentenced, as a second felony drug offender, to concurrent prison terms of 10 years on each count to be followed by three years of postrelease supervision. Defendant appeals.

We find no merit to defendant’s claim that the People failed to establish a sufficient chain of custody for the heroin obtained from the controlled buys. Testimony established that, after each transaction, the Cl ceded the substance purchased to Leon Pratt, a police detective with the City of Amsterdam Police Department. Pratt testified that, on each of the three occasions, he transported the substance to the police station, where it was field tested, * and then placed the substance in a sealed and dated evidence bag that was stored in the evidence locker. The evidence custodian for the City of Amsterdam Police Department described his transportation of the evidence from the August 27 and 28, 2013 controlled buys to and from the evidence locker and the State Police crime laboratory. While this witness did not personally transport the evidence secured from the September 4, 2013 controlled buy to the crime laboratory, he confirmed that, when he picked up the sealed evidence bag to return it to the evidence locker, it was in the same condition as it was prior to being transferred to the crime laboratory. In addition, the People presented the testimony of the State Police forensic scientist who received, tested, weighed and secured the heroin, and she explained that the evidence admitted at trial was in the same condition as when she examined it. Such testimony, taken as a whole, provides the requisite “reasonable assurances of the identity and unchanged condition of the drugs to authenticate that evidence” (People v Danford, 88 AD3d 1064, 1067 [2011], lv denied 18 NY3d 882 [2012]; see People v Julian, 41 NY2d 340, 343 [1977]; People v Carter, 131 AD3d 717, 723 [2015], lv denied 26 NY3d 1007 [2015]; People v Gilmore, 72 AD3d 1191, 1192-1193 [2010]), and any purported gaps or weaknesses in the chain of custody “go to the weight of the evidence, not its admissibility” (People v Hawkins, 11 NY3d 484, 494 [2008]; accord People v Carter, 131 AD3d at 723; see People v Bellamy, 34 AD3d 937, 939 [2006], lv denied 8 NY3d 843 [2007]). Thus, County Court properly admitted the heroin into evidence.

Nor are we persuaded that defendant was deprived of a fair trial as a result of a single instance in which County Court interjected itself into the proceeding. A trial court “is permitted to raise matters on its own initiative in order to elicit significant facts, clarify or enlighten an issue or to facilitate the orderly and expeditious progress of the trial” (People v Lupo, 92 AD3d 1136, 1138 [2012] [internal quotation marks and citation omitted]; see People v Yut Wai Tom, 53 NY2d 44, 57 [1981]). “However, because the court’s principle function is to protect the record, not to make it, such power must be exercised sparingly, without partiality, bias or hostility, as excessive interference or the suggestion of an opinion on the part of the trial judge might well prove decisive in the minds of the jury” (People v Byrd, 152 AD3d 984, 988 [2017] [internal quotation marks, brackets and citations omitted]; see People v Kocsis, 137 AD3d 1476, 1481 [2016]).

Here, County Court suspended the testimony of a witness and engaged in a relatively brief colloquy with the prosecutor and defense counsel concerning a chain of custody issue. The discussion was conducted outside the presence of the jury, thereby foreclosing any possibility that the court’s interference would unduly influence the jury (see People v Byrd, 152 AD3d at 988; compare People v Yut Wai Tom, 53 NY2d at 57-58; People v Kocsis, 137 AD3d at 1481). Moreover, inasmuch as an adequate chain of custody had already been established for the heroin at issue, it cannot be said that the court’s decision to permit the People to call an additional witness to address a purported gap in the chain created a tactical advantage for the People (see People v Vazquez, 145 AD3d 1268, 1271 [2016]; People v Adams, 117 AD3d 104, 109 [2014], lv denied 24 NY3d 1000 [2014]). Upon our review of the record, we find no basis upon which to conclude that County Court was biased against defendant or that the court’s interference served to deprive him of a fair trial (see People v Byrd, 152 AD3d at 988; People v Lupo, 92 AD3d at 1138; People v Tucker, 140 AD2d 887, 891 [1988], lv denied 72 NY2d 913 [1988]; compare People v Kocsis, 137 AD3d at 1481).

The verdict is supported by legally sufficient evidence and is not contrary to the weight of the evidence. Testimony provided by the Cl and the various law enforcement officials — who strip-searched the Cl before and after each of the subject transactions, provided him with buy money, transported him to the buy locations and observed portions of the drug transactions— together with the audio recordings of the buys and the positive test results, establish a valid line of reasoning and permissible inferences from which the jury could rationally conclude that defendant knowingly and unlawfully possessed and sold narcotics on three separate occasions (see Penal Law §§ 220.16 [1]; 220.39 [1]; People v Gibson, 121 AD3d 1416, 1417 [2014], lv denied 24 NY3d 1119 [2015]; People v Ebron, 90 AD3d 1243, 1244 [2011], lv denied 19 NY3d 863 [2012]; People v Chatham, 55 AD3d 1045, 1046 [2008], lv denied 14 NY3d 839 [2010]). While defendant argues that the testimony of the CI — the only witness to identify him as the individual who sold the heroin— should be accorded little, if any, weight due to the fact that the CI was an admitted drug addict and agreed to assist authorities in an effort to obtain favorable treatment with regard to certain outstanding criminal charges against him, these issues were fully explored at trial and presented credibility questions for the jury to resolve (see People v Johnson, 151 AD3d 1462, 1465 [2017]; People v Boyd, 135 AD3d 1163, 1163 [2016], lv denied 27 NY3d 963 [2016]; People v Gibson, 121 AD3d at 1418; People v Vargas, 72 AD3d 1114, 1118 [2010], lv denied 15 NY3d 758 [2010]).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Guy
2024 NY Slip Op 06625 (Appellate Division of the Supreme Court of New York, 2024)
People v. Saunders
2024 NY Slip Op 05843 (Appellate Division of the Supreme Court of New York, 2024)
People v. Smith
159 N.Y.S.3d 592 (Appellate Division of the Supreme Court of New York, 2022)
People v. Kachadourian
2020 NY Slip Op 3572 (Appellate Division of the Supreme Court of New York, 2020)
People v. Spencer
2019 NY Slip Op 1458 (Appellate Division of the Supreme Court of New York, 2019)
People v. Figueroa
2018 NY Slip Op 8372 (Appellate Division of the Supreme Court of New York, 2018)
People v. Jackson
2018 NY Slip Op 2505 (Appellate Division of the Supreme Court of New York, 2018)
People v. Fields
2018 NY Slip Op 2503 (Appellate Division of the Supreme Court of New York, 2018)
People v. Braxton
2018 NY Slip Op 1510 (Appellate Division of the Supreme Court of New York, 2018)
People v. Cummings
2018 NY Slip Op 43 (Appellate Division of the Supreme Court of New York, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
2017 NY Slip Op 7485, 154 A.D.3d 1172, 63 N.Y.S.3d 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arce-santiago-nyappdiv-2017.