People v. Lopez

Appellate Division of the Supreme Court of New York

People v. Lopez

268 A.D.2d 391, 700 N.Y.S.2d 838, 2000 N.Y. App. Div. LEXIS 798

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

DecidedJanuary 27, 2000

StatusPublished

This text of 268 A.D.2d 391 (People v. Lopez) 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. Lopez, 268 A.D.2d 391, 700 N.Y.S.2d 838, 2000 N.Y. App. Div. LEXIS 798 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J., on motion; Ira Globerman, J., at jury trial and sentence), rendered June 17, 1997, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6V2 to 13 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony as the product of an illegal arrest was properly denied without a hearing. As the People argued in opposition to the motion, defendant failed to raise a factual issue as to probable cause (see, People v Mendoza, 82 NY2d 415).

Defendant failed to preserve his present challenge to testimony concerning the roles of the various participants in a typical street-level narcotics operation, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the limited expert testimony was relevant and carried no suggestion of a large scale narcotics conspiracy. Concur—Nardelli, J. P., Ellerin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J., on motion; Ira Globerman, J., at jury trial and sentence), rendered June 17, 1997, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6V2 to 13 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony as the product of an illegal arrest was properly denied without a hearing. As the People argued in opposition to the motion, defendant failed to raise a factual issue as to probable cause (see, People v Mendoza, 82 NY2d 415).

Defendant failed to preserve his present challenge to testimony concerning the roles of the various participants in a typical street-level narcotics operation, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the limited expert testimony was relevant and carried no suggestion of a large scale narcotics conspiracy. Concur—Nardelli, J. P., Ellerin, Saxe and Buckley, JJ.

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Bluebook (online)

268 A.D.2d 391, 700 N.Y.S.2d 838, 2000 N.Y. App. Div. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lopez-nyappdiv-2000.

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