People v. Louder
| Decision Date | 11 June 2010 |
| Citation | 74 A.D.3d 1845,902 N.Y.S.2d 496 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Frankie L. LOUDER, III, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered February 3, 2009. The judgment convicted defendant, upon a jury verdict, of promoting prison contraband in the first degree.
Tyson Blue, Macedon, for defendant-appellanT.
Richard M. Healy, District Attorney, Lyons (Melvin Bressler of Counsel), for respondent.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon a jury verdict of promoting prison contraband in the first degree (Penal Law § 205.25[2] ). The evidence, viewed in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), is legally sufficient to establish that the cocaine discovered during a search of defendant's jail cell constituted dangerous contraband ( see People v. Machuca, 45 A.D.3d 1043, 1044, 845 N.Y.S.2d 201, lv. denied 10 N.Y.3d 813, 857 N.Y.S.2d 46, 886 N.E.2d 811). Defendant failed to preserve for our review his contention that the verdict is repugnant by failing to object to the verdict on that ground before the jury was discharged ( see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15[6][a] ). Contrary to the further contention of defendant, County Court did not abuse its discretion in limiting his cross-examination of a prosecution witness ( see People v. Ward, 27 A.D.3d 1119, 812 N.Y.S.2d 203, lv. denied 7 N.Y.3d 819, 822 N.Y.S.2d 494, 855 N.E.2d 810, 7 N.Y.3d 871, 824 N.Y.S.2d 616, 857 N.E.2d 1146). Finally, the sentence is not unduly harsh or severe.
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...that the cocaine discovered during a search of defendant's [person] constituted dangerous contraband" ( People v. Louder , 74 A.D.3d 1845, 1846, 902 N.Y.S.2d 496 [4th Dept. 2010] ). The evidence established that defendant was found with, inter alia, three baggies containing cocaine, which, ......
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