People v. La Fontaine

• Decision Date: 08 May 1972
• Citation: 332 N.Y.S.2d 57,39 A.D.2d 734
• Parties: The PEOPLE, etc., Respondent, v. Sergio LA FONTAINE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 57

332 N.Y.S.2d 57

39 A.D.2d 734

The PEOPLE, etc., Respondent, v.Sergio LA FONTAINE, Appellant.

Supreme Court, Appellate Division, Second Department.

May 8, 1972.

Before LATHAM, Acting P.J., and SHAPIRO, GULOTTA, CHRIST and BRENNAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 22, 1971, convicting him of criminal possession of a dangerous drug in the first and fourth degrees and criminal possession of weapons and dangerous instruments and appliances as a felony, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered.

In our opinion defendant was prejudiced and denied a fair trial by the following evidentiary rulings made by the trial court: (a) the admission into evidence of a bankbook which was not covered by the search warrant and which bankbook was used by the prosecutor in summation to establish that defendant had been dealing in narcotics; (b) the admission into evidence of testimony regarding the sale of narcotics by two strangers outside the door of defendant's apartment, which testimony tended to prove against defendant a crime not charged in the indictment (People v. Molineux, 168 N.Y. 264, 61 N.E. 286); and (c) the admission into evidence, solely on the question of credibility, of a small amount of heroin and cutting and packaging paraphernalia found in the basement which had previously been suppressed, as not covered by the search warrant, during a hearing on a motion to suppress.The effect of the admission of this evidence was demonstrated by the jury's questions regarding the control of and means of access to defendant's storage area in the basement, even though the trial court had previously instructed the jury that the evidence was admitted solely...