People v. DeHoyas

234 A.D.2d 147, 651 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 12540

Opinion

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 19, 1992, 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 7 to 14 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 5 to 10 years.

Defendant was not deprived of a fair trial by the introduction of expert testimony regarding typical street drug operations.

Defendant’s challenge for cause to a prospective juror was properly disallowed by the trial court, since the totality of the venireperson’s responses indicated an ability to decide the case impartially (People v Middleton, 220 AD2d 202, Iv denied 87 NY2d 848).

We find the sentence excessive to the extent indicated. Concur—Rosenberger, J. P., Ellerin, Wallach, Tom and Mazzarelli, JJ.