Opinion · Nylaw New York
PEOPLE v. SPEAR, 235 A.D.2d 347 [1st Dept 1997]
652 N.Y.S.2d 966
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1997-01-28
- Topic
- general
PEOPLE v. SPEAR, 235 A.D.2d 347 [1st Dept 1997] 652 N.Y.S.2d 966 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SPEAR,Appellant.Appellate Division of the Supreme Court of New York, First Department. January 28, 1997. Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered March 8, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Citator
UpLaw has not yet analyzed PEOPLE v. SPEAR, 235 A.D.2d 347 [1st Dept 1997]. The absence of a flag is not a finding that it is good law.
PEOPLE v. SPEAR,235 A.D.2d 347[1st Dept 1997]
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SPEAR,
Appellant.
Appellate Division of the Supreme Court of New York, First Department.
Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered March 8, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Before: Nardelli, J. P., Rubin, Mazzarelli and Andrias, JJ.
Defendant's general, unelaborated objections did not preserve his current challenges to police testimony, or to comments during the prosecutor's summation, that prerecorded buy money is not always recovered after an undercover sale (People v Tevaha,84 NY2d 879), and we decline to review them in the interest of justice. Were we to review them, we would conclude that the testimony did not contain the type of statistical evidence condemned inPeople v Kelsey(194 AD2d 248,253).