People v. Torrieate

Appellate Division of the Supreme Court of New York

People v. Torrieate

289 A.D.2d 134, 734 N.Y.S.2d 446, 2001 N.Y. App. Div. LEXIS 12397

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

DecidedDecember 20, 2001

StatusPublished

This text of 289 A.D.2d 134 (People v. Torrieate) 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. Torrieate, 289 A.D.2d 134, 734 N.Y.S.2d 446, 2001 N.Y. App. Div. LEXIS 12397 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, Bronx County (Irene Duffy, J.), rendered October 28, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 5V2 to 11 years, unanimously affirmed.

Defendant’s challenges to police testimony concerning street-level narcotics operations and to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the testimony was necessary to educate the jury about relevant matters beyond the ken of an ordinary juror (see, People v Kelsey, 194 AD2d 248) and did not suggest that defendant was involved in large-scale drug activity, and that the challenged portions of the summation were based on the evidence and responsive to the defense summation, and did not deprive defendant of a fair trial (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). Concur — Sullivan, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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Judgment, Supreme Court, Bronx County (Irene Duffy, J.), rendered October 28, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 5V2 to 11 years, unanimously affirmed.

Defendant’s challenges to police testimony concerning street-level narcotics operations and to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the testimony was necessary to educate the jury about relevant matters beyond the ken of an ordinary juror (see, People v Kelsey, 194 AD2d 248) and did not suggest that defendant was involved in large-scale drug activity, and that the challenged portions of the summation were based on the evidence and responsive to the defense summation, and did not deprive defendant of a fair trial (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). Concur — Sullivan, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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Bluebook (online)

289 A.D.2d 134, 734 N.Y.S.2d 446, 2001 N.Y. App. Div. LEXIS 12397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-torrieate-nyappdiv-2001.

Opinion

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