People v. Diaz

• Decision Date: 09 January 1997
• Citation: 235 A.D.2d 236,652 N.Y.S.2d 509
• Parties: The PEOPLE of the State of New York, Respondent, v. Gabriel DIAZ, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 509

652 N.Y.S.2d 509

235 A.D.2d 236

The PEOPLE of the State of New York, Respondent, v. Gabriel DIAZ, Defendant-Appellant.

Supreme Court of New York, Appellate Division, First Department.

Jan. 9, 1997.

James P. Kane, for Respondent.

Laurie Sapakoff, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered August 3, 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 12 1/2 to 25 years, unanimously affirmed.

The People established a sufficient chain of custody linking defendant to the pre-recorded buy money, where a detective provided reasonable assurances that the pre-recorded buy money received into evidence was identical to the bills exchanged in the drug sale and had not been tampered with (see People v. Julian, 41 N.Y.2d 340, 392 N.Y.S.2d 610, 360 N.E.2d 1310).

Defendant's contention that he was prejudiced by the prosecutor's reference to him by his nickname during cross-examination of a defense witness is unpreserved (see, People v. Tevaha, 84 N.Y.2d 879, 620 N.Y.S.2d 786, 644 N.E.2d 1342), and we decline to review this claim in the interest of justice. In any event, we would find no prejudice, because the trial court gave prompt limiting instructions warning the jurors not to draw any inference from defendant's nickname. In addition, the witness's use of defendant's nickname was relevant to the issue of his bias in favor of defendant (see People v. Chin, 67 N.Y.2d 22, 28, 499 N.Y.S.2d 638, 490 N.E.2d 505).

SULLIVAN, J.P., and WALLACH, RUBIN, WILLIAMS and TOM, JJ., concur.