People v. Arguedas

Appellate Division of the Supreme Court of New York

People v. Arguedas

181 A.D.2d 595, 581 N.Y.S.2d 329, 1992 N.Y. App. Div. LEXIS 4127

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 26, 1992

StatusPublished

Cited by2 cases

This text of 181 A.D.2d 595 (People v. Arguedas) 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. Arguedas, 181 A.D.2d 595, 581 N.Y.S.2d 329, 1992 N.Y. App. Div. LEXIS 4127 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Judgment, Supreme Court, New York County (Alfred H. Kleiman, J.), rendered May 18, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a predicate felon, to a prison term of 4 Vi to 9 years, unanimously affirmed.

An undercover police officer purchased two vials of crack from defendant’s "steerer”. Over defense counsel’s objection to the admission of uncharged crimes, the court permitted the police officers to testify that prior to and during the sale, they observed defendant making "quick handshakes” with people on the street. Contrary to defendant’s argument on appeal, this evidence was admissible to prove his identity and the fact that he was acting in concert (People v Carter, 77 NY2d 95, 107, cert denied — US —, 113 L Ed 2d 662). Defendant’s argument that he was deprived of a fair trial when the court, instructing the jury on witness credibility, remarked that the fact that the witnesses were police officers was "just one factor to consider along with everything else”, is unpreserved (CPL 470.05 [2]), and we decline to reach it in the interest of justice. [596]*596Nor did the court’s final instructions regarding the evaluation of opinion evidence improperly convey that police officers are experts whose testimony is entitled to greater weight than that of any other witness. Finally, the court properly denied defendant’s speedy trial motion (CPL 30.30), since the People clearly were not responsible for the delays in each of the four disputed periods. Concur — Murphy, P. J., Carro, Ellerin, Asch and Smith, JJ.

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

— Judgment, Supreme Court, New York County (Alfred H. Kleiman, J.), rendered May 18, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a predicate felon, to a prison term of 4 Vi to 9 years, unanimously affirmed.

An undercover police officer purchased two vials of crack from defendant’s "steerer”. Over defense counsel’s objection to the admission of uncharged crimes, the court permitted the police officers to testify that prior to and during the sale, they observed defendant making "quick handshakes” with people on the street. Contrary to defendant’s argument on appeal, this evidence was admissible to prove his identity and the fact that he was acting in concert (People v Carter, 77 NY2d 95, 107, cert denied — US —, 113 L Ed 2d 662). Defendant’s argument that he was deprived of a fair trial when the court, instructing the jury on witness credibility, remarked that the fact that the witnesses were police officers was "just one factor to consider along with everything else”, is unpreserved (CPL 470.05 [2]), and we decline to reach it in the interest of justice. [596]*596Nor did the court’s final instructions regarding the evaluation of opinion evidence improperly convey that police officers are experts whose testimony is entitled to greater weight than that of any other witness. Finally, the court properly denied defendant’s speedy trial motion (CPL 30.30), since the People clearly were not responsible for the delays in each of the four disputed periods. Concur — Murphy, P. J., Carro, Ellerin, Asch and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

181 A.D.2d 595, 581 N.Y.S.2d 329, 1992 N.Y. App. Div. LEXIS 4127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arguedas-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack