People v. Correa

Appellate Division of the Supreme Court of New York

People v. Correa

16 A.D.3d 355, 792 N.Y.S.2d 63, 2005 N.Y. App. Div. LEXIS 3389

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

DecidedMarch 31, 2005

StatusPublished

Cited by3 cases

This text of 16 A.D.3d 355 (People v. Correa) 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. Correa, 16 A.D.3d 355, 792 N.Y.S.2d 63, 2005 N.Y. App. Div. LEXIS 3389 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered August 18, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of SVa to 11 years, unanimously affirmed.

The undercover officer’s testimony that she recognized defendant from a prior occasion did not constitute evidence of an uncharged crime. Although the officer provided a few details of the prior incident, some of which were elicited by defendant on cross-examination, there was no implication that the prior contact arose out of an arrest or any bad acts, and the testimony was material and relevant to the contested issue of defendant’s identity as the seller (see People v Williams, 12 AD3d 183 [2004]). In any event, even assuming that the challenged testimony constituted evidence of an uncharged crime, its proba[356]*356tive value regarding the officer’s ability to identify defendant outweighed its prejudicial effect (see e.g. People v Matthews, 276 AD2d 385 [2000], lv denied 96 NY2d 736 [2001]).

We perceive no basis for reducing the sentence. Concur— Ellerin, J.P., Nardelli, Williams, Gonzalez and Sweeny, JJ.

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Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered August 18, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of SVa to 11 years, unanimously affirmed.

The undercover officer’s testimony that she recognized defendant from a prior occasion did not constitute evidence of an uncharged crime. Although the officer provided a few details of the prior incident, some of which were elicited by defendant on cross-examination, there was no implication that the prior contact arose out of an arrest or any bad acts, and the testimony was material and relevant to the contested issue of defendant’s identity as the seller (see People v Williams, 12 AD3d 183 [2004]). In any event, even assuming that the challenged testimony constituted evidence of an uncharged crime, its proba[356]*356tive value regarding the officer’s ability to identify defendant outweighed its prejudicial effect (see e.g. People v Matthews, 276 AD2d 385 [2000], lv denied 96 NY2d 736 [2001]).

We perceive no basis for reducing the sentence. Concur— Ellerin, J.P., Nardelli, Williams, Gonzalez and Sweeny, JJ.

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Bluebook (online)

16 A.D.3d 355, 792 N.Y.S.2d 63, 2005 N.Y. App. Div. LEXIS 3389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-correa-nyappdiv-2005.

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