People v. Asselin

Appellate Division of the Supreme Court of New York

People v. Asselin

138 A.D.2d 934, 526 N.Y.S.2d 271, 1988 N.Y. App. Div. LEXIS 2794

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

DecidedMarch 4, 1988

StatusPublished

Cited by3 cases

This text of 138 A.D.2d 934 (People v. Asselin) 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. Asselin, 138 A.D.2d 934, 526 N.Y.S.2d 271, 1988 N.Y. App. Div. LEXIS 2794 (N.Y. Ct. App. 1988).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [4]) for selling LSD to a police informant. The evidence amply supports the verdict. An accomplice testified that defendant supplied the LSD and set the price of the sale and this testimony was corroborated by other witnesses who were present when the sale was negotiated and consummated (see, People v Fortner, 78 AD2d 661). Testimony regarding defendant’s silence during such discussion was properly received as evidence of defendant’s guilt (see, People v Allen, 300 NY 222, 225; People v Lord, 103 AD2d 1032; People v Egan, 78 AD2d 34, 36; People v Ross, 68 AD2d 962; see also, Richardson, [935]*935Evidence § 222 [Prince 10th ed]; Fisch, New York Evidence § 792 [2d ed]). Moreover, $200 in marked bills supplied to the informant by the police was found in defendant’s wallet shortly after the sale. We have considered defendant’s remaining claims and find that none requires a reversal of the judgment. (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, second degree.) Present—Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [4]) for selling LSD to a police informant. The evidence amply supports the verdict. An accomplice testified that defendant supplied the LSD and set the price of the sale and this testimony was corroborated by other witnesses who were present when the sale was negotiated and consummated (see, People v Fortner, 78 AD2d 661). Testimony regarding defendant’s silence during such discussion was properly received as evidence of defendant’s guilt (see, People v Allen, 300 NY 222, 225; People v Lord, 103 AD2d 1032; People v Egan, 78 AD2d 34, 36; People v Ross, 68 AD2d 962; see also, Richardson, [935]*935Evidence § 222 [Prince 10th ed]; Fisch, New York Evidence § 792 [2d ed]). Moreover, $200 in marked bills supplied to the informant by the police was found in defendant’s wallet shortly after the sale. We have considered defendant’s remaining claims and find that none requires a reversal of the judgment. (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, second degree.) Present—Dillon, P. J., Doerr, Green, Balio and Lawton, JJ.

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Bluebook (online)

138 A.D.2d 934, 526 N.Y.S.2d 271, 1988 N.Y. App. Div. LEXIS 2794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-asselin-nyappdiv-1988.

Opinion

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