People v. Paul

Appellate Division of the Supreme Court of New York

People v. Paul

46 A.D.2d 838, 361 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 3535

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

DecidedNovember 27, 1974

StatusPublished

Cited by3 cases

This text of 46 A.D.2d 838 (People v. Paul) 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. Paul, 46 A.D.2d 838, 361 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 3535 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal from a judgment of the County Court of Albany County, rendered January 28, 1974, upon verdicts convicting defendant of two counts of criminally selling a controlled substance in the third degree in violation of subdivision 1 of section 220.39 of the Penal Law and sentencing him to two consecutive indeterminate terms of imprisonment of seven years to life. On this appeal, the defendant makes numerous arguments, two of which have been previously rejected by this court. Thus, his challenge to the constitutionality of section 70.00 of the Penal Law, pursuant to which he was sentenced, has been found wanting (People v. Venable, 46 A D 2d 73), as has his complaint that the trial court should have directed the prosecution to produce police informant, Daniel Jerome Powell, as a witness (People v. Fowler, 46 A D 2d 838; People v. Hood, 46 A D 2d 837). His remaining contentions are also without merit. The court’s refusal to grant a continuance to allow the defendant to produce Powell as a witness was within its discretionary power (People v. Torre, 33 A D 2d 43) which was properly exercised here where there was no showing that the defendant would be able to- produce Powell or that his testimony would exculpate the defendant' as claimed. Likewise, the chain of evidence with regard to the possession of the narcotics by the police was adequately established (ef. People v. Connelly, 35 N Y 2d 171), and the imposition of consecutive sentences was within the competence of the court (ef. People v. Thiel, 25 N Y 2d 926). As to the cross-examination of Trooper James Werthmuller and Investigator Michael Elliot, there was no showing that the limitations placed thereon by the trial court prejudiced the defendant. Finally, the defendant’s former status as a police informant, to which the prosecutor alluded in his summation when questioning whether the defendant was worthy of belief, was brought out on direct examination by the defendant’s own attorney who made no objection to the prosecutor’s remarks at trial. Judgment affirmed. Herlihy, P. J., Sweeney, Kane, Main and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the County Court of Albany County, rendered January 28, 1974, upon verdicts convicting defendant of two counts of criminally selling a controlled substance in the third degree in violation of subdivision 1 of section 220.39 of the Penal Law and sentencing him to two consecutive indeterminate terms of imprisonment of seven years to life. On this appeal, the defendant makes numerous arguments, two of which have been previously rejected by this court. Thus, his challenge to the constitutionality of section 70.00 of the Penal Law, pursuant to which he was sentenced, has been found wanting (People v. Venable, 46 A D 2d 73), as has his complaint that the trial court should have directed the prosecution to produce police informant, Daniel Jerome Powell, as a witness (People v. Fowler, 46 A D 2d 838; People v. Hood, 46 A D 2d 837). His remaining contentions are also without merit. The court’s refusal to grant a continuance to allow the defendant to produce Powell as a witness was within its discretionary power (People v. Torre, 33 A D 2d 43) which was properly exercised here where there was no showing that the defendant would be able to- produce Powell or that his testimony would exculpate the defendant' as claimed. Likewise, the chain of evidence with regard to the possession of the narcotics by the police was adequately established (ef. People v. Connelly, 35 N Y 2d 171), and the imposition of consecutive sentences was within the competence of the court (ef. People v. Thiel, 25 N Y 2d 926). As to the cross-examination of Trooper James Werthmuller and Investigator Michael Elliot, there was no showing that the limitations placed thereon by the trial court prejudiced the defendant. Finally, the defendant’s former status as a police informant, to which the prosecutor alluded in his summation when questioning whether the defendant was worthy of belief, was brought out on direct examination by the defendant’s own attorney who made no objection to the prosecutor’s remarks at trial. Judgment affirmed. Herlihy, P. J., Sweeney, Kane, Main and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 838, 361 N.Y.S.2d 412, 1974 N.Y. App. Div. LEXIS 3535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paul-nyappdiv-1974.

Opinion

Related

Cite This Page — Counsel Stack