People v. Chisolm

Appellate Division of the Supreme Court of New York

People v. Chisolm

198 A.D.2d 109, 603 N.Y.S.2d 467, 1993 N.Y. App. Div. LEXIS 10719

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1993·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, Bronx County (William C. Donnino, J.), rendered October 10, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent prison terms of 41A to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Evidence of two uncharged crimes was properly admitted at defendant’s trial to establish possession with intent to sell 24 envelopes of PCP recovered near him when arrested (People v Alvino, 71 NY2d 233). The majority of the defendant’s claims challenging comments the prosecutor made during summation are unpreserved for appellate review (CPL 470.05 [2]; People v Medina, 53 NY2d 951, 953). Were we to review the entire summation, we would find that the comments objected to do not warrant reversal (People v Crimmins, 36 NY2d 230). Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

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—Judgment, Supreme Court, Bronx County (William C. Donnino, J.), rendered October 10, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent prison terms of 41A to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Evidence of two uncharged crimes was properly admitted at defendant’s trial to establish possession with intent to sell 24 envelopes of PCP recovered near him when arrested (People v Alvino, 71 NY2d 233). The majority of the defendant’s claims challenging comments the prosecutor made during summation are unpreserved for appellate review (CPL 470.05 [2]; People v Medina, 53 NY2d 951, 953). Were we to review the entire summation, we would find that the comments objected to do not warrant reversal (People v Crimmins, 36 NY2d 230). Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

People v. Chisolm, 198 A.D.2d 109, 603 N.Y.S.2d 467, 1993 N.Y. App. Div. LEXIS 10719 (N.Y. Ct. App. 1993).

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Opinion

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