People v. Darwin

Appellate Division of the Supreme Court of New York

People v. Darwin

248 A.D.2d 549, 669 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 2514

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

DecidedMarch 16, 1998

StatusPublished

Cited by1 cases

This text of 248 A.D.2d 549 (People v. Darwin) 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. Darwin, 248 A.D.2d 549, 669 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 2514 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered January 9, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was not denied a fair trial by the police testimony that he was observed exchanging “something” for money with seven people prior to the exchange that led to his arrest. This testimony was inextricably interwoven with the entire transaction and was necessary to complete the narrative (see, People v Fadlin, 219 AD2d 665; People v Bowden, 157 AD2d 789, 790).

The defendant’s argument that the court erred in not giving limiting instructions with respect to the aforementioned testimony is unpreserved for appellate review. In any event, any error was harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Glover, 165 AD2d 880, 881).

O’Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.

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