People v. Lennon

• Decision Date: 17 March 1986
• Parties: The PEOPLE, etc., Respondent, v. James LENNON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 66

500 N.Y.S.2d 66

118 A.D.2d 733

The PEOPLE, etc., Respondent, v. James LENNON, Appellant.

Supreme Court, Appellate Division,

Second Department.

March 17, 1986.

Richard N. Lentino, Middletown, for appellant.

Joseph P. Brown, Dist. Atty., Goshen (John F. McKeown, of counsel), for respondent.

Before MANGANO, J.P., and GIBBONS, LAWRENCE and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Orange County (Ingrassia, J.), rendered March 8, 1984, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the seventh degree (two counts), upon a jury verdict, and imposing sentence.

Judgment affirmed.

The defendant's claim that he was denied his right to a speedy trial was waived by his failure to make a motion to dismiss the indictment prior to trial (see, People v. Lawrence, 64 N.Y.2d 200, 485 N.Y.S.2d 233, 474 N.E.2d 593). Similarly, having made no Sandoval motion, the defendant may not now complain that the trial court abused its discretion in permitting him to be cross-examined concerning his prior conviction.

Since the defendant did not take exception to the court's charge, his claims of error with respect to it have not been preserved for appellate review (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932). In any event, we find that the charge was proper in all respects (see, People v. Jones, 107 A.D.2d 714, 484 N.Y.S.2d 69; People v. Watkins, 67 A.D.2d 717, 412 N.Y.S.2d 426).

The evidence adduced at trial was sufficient for a rational trier of fact to have found beyond a reasonable doubt that the defendant was not acting solely as an agent of the buyer and was therefore guilty as charged (see, People v. Foster, 64 N.Y.2d 1144, 490 N.Y.S.2d 726, 480 N.E.2d 340, cert. denied 474 U.S. 857, 106 S.Ct. 166, 88 L.Ed.2d 137).

In conclusion, we note that the defendant was properly adjudicated a second felony offender and the sentence imposed was appropriate under the circumstances of the case (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Leonard, 109 A.D.2d 754, 486 N.Y.S.2d 69; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).