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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1992
180 A.D.2d 553 (N.Y. App. Div. 1992)

Opinion

February 25, 1992

Appeal from the Supreme Court, New York County (Bernard Jackson, J.).


Defendant's present objections to the testimony of the undercover officer concerning the respective functions of a "money man", a "stash man", and a "hand-to-hand man" in the street sale of narcotics are unpreserved, the only objection at trial being that the testimony was beyond the scope of cross-examination (CPL 470.05), and we decline to review in the interest of justice. If we were to consider these arguments in the interest of justice, we would find that the undercover officer had sufficient experience to qualify as an expert witness on the drug trade, and that the brief and limited testimony concerning street sales in general was admissible to explain why the "buy" money was not recovered (People v. Ellsworth, 176 A.D.2d 127). We would also find that any error was harmless given the overwhelming evidence of guilt.

Concur — Carro, J.P., Rosenberger, Ellerin, Kassal and Rubin, JJ.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1992
180 A.D.2d 553 (N.Y. App. Div. 1992)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1992

Citations

180 A.D.2d 553 (N.Y. App. Div. 1992)
580 N.Y.S.2d 281

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