People v. Vega

240 A.D.2d 347, 659 N.Y.S.2d 762, 1997 N.Y. App. Div. LEXIS 6936

Opinion

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered December 1, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of A1! 2 to 9 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s application to conduct a courtroom demonstration (see, People v Acevedo, 40 NY2d 701, 704). The proposed demonstration would not have accurately recreated the conditions existing during the incident, and would likely have caused confusion among the jurors (see, People v Scarola, 71 NY2d 769, 777; People v Esquilin, 207 AD2d 686, lv denied 84 NY2d 907; People v Gregg, 203 AD2d 188, 189, lv denied 83 NY2d 911). Concur—Sullivan, J. P., Milonas, Ellerin, Tom and Mazzarelli, JJ.