People v. Montero

Appellate Division of the Supreme Court of New York

People v. Montero

192 A.D.2d 420, 596 N.Y.S.2d 396, 1993 N.Y. App. Div. LEXIS 3839

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

DecidedApril 20, 1993

StatusPublished

This text of 192 A.D.2d 420 (People v. Montero) 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. Montero, 192 A.D.2d 420, 596 N.Y.S.2d 396, 1993 N.Y. App. Div. LEXIS 3839 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered April 6, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 4Vi to 9 years, and judgment of Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 9, 1990, sentencing defendant to 2 to 6 years for a violation of probation, to be served consecutively to the above-noted sentence, unanimously affirmed.

During cross-examination of defendant’s witness, his Legal Aid attorney who represented him at arraignment, it was appropriate for the prosecutor to inquire into the witness’ ability to observe and recall defendant’s physical appearance, as well as the witness’ methods of recording such, and to elicit the fact that the witness had no way of knowing whether the defendant had worn a particular item of clothing when he was arrested 48 hours previously.

We have reviewed defendant’s challenges to the prosecutor’s summation, and find these claims either to be unpreserved and not warranting review in the interest of justice, or merit-less. Nor do we find any basis to disturb the sentence imposed. Concur — Sullivan, J. P., Rosenberger, Wallach and Kupferman, JJ.

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—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered April 6, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 4Vi to 9 years, and judgment of Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 9, 1990, sentencing defendant to 2 to 6 years for a violation of probation, to be served consecutively to the above-noted sentence, unanimously affirmed.

During cross-examination of defendant’s witness, his Legal Aid attorney who represented him at arraignment, it was appropriate for the prosecutor to inquire into the witness’ ability to observe and recall defendant’s physical appearance, as well as the witness’ methods of recording such, and to elicit the fact that the witness had no way of knowing whether the defendant had worn a particular item of clothing when he was arrested 48 hours previously.

We have reviewed defendant’s challenges to the prosecutor’s summation, and find these claims either to be unpreserved and not warranting review in the interest of justice, or merit-less. Nor do we find any basis to disturb the sentence imposed. Concur — Sullivan, J. P., Rosenberger, Wallach and Kupferman, JJ.

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Bluebook (online)

192 A.D.2d 420, 596 N.Y.S.2d 396, 1993 N.Y. App. Div. LEXIS 3839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montero-nyappdiv-1993.