People v. Sossa

Appellate Division of the Supreme Court of New York

People v. Sossa

291 A.D.2d 312, 739 N.Y.S.2d 662, 2002 N.Y. App. Div. LEXIS 1790

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

DecidedFebruary 21, 2002

StatusPublished

This text of 291 A.D.2d 312 (People v. Sossa) 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. Sossa, 291 A.D.2d 312, 739 N.Y.S.2d 662, 2002 N.Y. App. Div. LEXIS 1790 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered November 29, 1993, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.

The court properly exercised its discretion in excluding evidence that after the charged sales had been completed and defendant departed, the codefendant made several other drug sales without assistance, since the probative value of this evi[313]*313dence was outweighed by its potential for confusing and misleading the jury (see, People v Scarola, 71 NY2d 769, 777). While contemporaneous drug sales are generally relevant to establish a connection between persons charged with acting in concert (People v Jackson, 39 NY2d 64, 68), here, the proffered evidence would have simply demonstrated that after defendant left the scene, the codefendant chose to make additional sales while unaided, and would not have tended to show a lack of connection between the two men at the time of the sales for which defendant was convicted (cf., People v Lawson, 71 NY2d 950, 952-953). Concur — Williams, J.P., Mazzarelli, Ellerin, Lemer and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered November 29, 1993, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.

The court properly exercised its discretion in excluding evidence that after the charged sales had been completed and defendant departed, the codefendant made several other drug sales without assistance, since the probative value of this evi[313]*313dence was outweighed by its potential for confusing and misleading the jury (see, People v Scarola, 71 NY2d 769, 777). While contemporaneous drug sales are generally relevant to establish a connection between persons charged with acting in concert (People v Jackson, 39 NY2d 64, 68), here, the proffered evidence would have simply demonstrated that after defendant left the scene, the codefendant chose to make additional sales while unaided, and would not have tended to show a lack of connection between the two men at the time of the sales for which defendant was convicted (cf., People v Lawson, 71 NY2d 950, 952-953). Concur — Williams, J.P., Mazzarelli, Ellerin, Lemer and Rubin, JJ.

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Bluebook (online)

291 A.D.2d 312, 739 N.Y.S.2d 662, 2002 N.Y. App. Div. LEXIS 1790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sossa-nyappdiv-2002.

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