People v. Mercer

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore MILLER
Citation612 N.Y.S.2d 650,204 A.D.2d 741
Decision Date31 May 1994
PartiesThe PEOPLE, etc., Respondent, v. Nathaniel MERCER, Appellant.

Page 650

612 N.Y.S.2d 650
204 A.D.2d 741
The PEOPLE, etc., Respondent,
v.
Nathaniel MERCER, Appellant.
Supreme Court, Appellate Division,
Second Department.
May 31, 1994.

Morvillo, Abramowitz, Grand, Jason & Silberberg, P.C., New York City (John T. Hecht, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Nancy F. Talcott, Jodi A. Catalano, and Judybeth Tropp, of counsel), for respondent.

Before MILLER, J.P., and LAWRENCE, ALTMAN and KRAUSMAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered April 1, 1992, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and unlawful possession of marihuana, upon a jury verdict, and imposing sentence. The

Page 651

appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On the evening of January 23, 1991, three undercover police officers assigned to the Brooklyn North Tactical Narcotics Team drove to the corner of Pitkin Avenue and Logan Street in order to participate in a so-called "buy and bust" operation. Upon arriving at that location, one of the undercover officers entered an apartment building at 436 Logan Street, where he purchased two vials of cocaine from the defendant in exchange for $10 in prerecorded money. After the sale was completed, the undercover officer returned to his vehicle and transmitted a description of the suspect to his supervisor. When the defendant exited the apartment building about three minutes later, he was arrested, and the prerecorded money was recovered.

During the course of the trial, the prosecutor moved to close the courtroom during the testimony of the undercover officer who had purchased narcotics from the defendant, and during the testimony of a second undercover officer who had acted as a backup or "ghost" during the transaction. After conducting a hearing pursuant to People v. Hinton, 31 N.Y.2d 71, 334 N.Y.S.2d 885, 286 N.E.2d 265, the trial court granted the People's application to close the courtroom to the public during the testimony of the two officers. Following the ruling, the defendant's attorney, who was employed by...

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11 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...N.Y.S.2d 365; People v. Eaton, 14 A.D.3d 577, 789 N.Y.S.2d 194; People v. Williams, 13 A.D.3d 661, 786 N.Y.S.2d 357; People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650). Although the dissent concludes that these cases are of “limited precedential value” because they do not “contain any desc......
  • Brown v. Kuhlmann, No. 426
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 1, 1998
    ...Cole, 207 A.D.2d 273, 615 N.Y.S.2d 393 (1st Dept.), lv. denied, 84 N.Y.2d 867, 642 N.E.2d 331, 618 N.Y.S.2d 12 (1994); People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650 (2d Dept.1994); People v. Parker, 194 A.D.2d 335, 598 N.Y.S.2d 490 (1st Dept.1993); People v. Dashnau, 187 A.D.2d 966, 59......
  • People v. K.U.
    • United States
    • United States State Supreme Court (New York)
    • May 4, 2012
    ...290 (2011). Moreover, defendant's reliance on People v. Hines, 225 A.D.2d 706, 640 N.Y.S.2d 133 (2d Dept. 1996), and People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650 (2d Dept. 1994), in support of his argument that every attorney at the Bronx Legal Aid Society should be exempted from this......
  • People v. Rosado
    • United States
    • New York Supreme Court Appellate Division
    • December 18, 1995
    ...499 N.Y.S.2d 453). Finally, the defendant's sentences are not excessive and were part of the negotiated pleas (see, People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d JOY, J.P., and HART and FLORIO, JJ., concur. GOLDSTEIN, J., dissents and votes......
  • Request a trial to view additional results
11 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...N.Y.S.2d 365; People v. Eaton, 14 A.D.3d 577, 789 N.Y.S.2d 194; People v. Williams, 13 A.D.3d 661, 786 N.Y.S.2d 357; People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650). Although the dissent concludes that these cases are of “limited precedential value” because they do not “contain any desc......
  • Brown v. Kuhlmann, No. 426
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 1, 1998
    ...Cole, 207 A.D.2d 273, 615 N.Y.S.2d 393 (1st Dept.), lv. denied, 84 N.Y.2d 867, 642 N.E.2d 331, 618 N.Y.S.2d 12 (1994); People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650 (2d Dept.1994); People v. Parker, 194 A.D.2d 335, 598 N.Y.S.2d 490 (1st Dept.1993); People v. Dashnau, 187 A.D.2d 966, 59......
  • People v. K.U.
    • United States
    • United States State Supreme Court (New York)
    • May 4, 2012
    ...290 (2011). Moreover, defendant's reliance on People v. Hines, 225 A.D.2d 706, 640 N.Y.S.2d 133 (2d Dept. 1996), and People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650 (2d Dept. 1994), in support of his argument that every attorney at the Bronx Legal Aid Society should be exempted from this......
  • People v. Rosado
    • United States
    • New York Supreme Court Appellate Division
    • December 18, 1995
    ...499 N.Y.S.2d 453). Finally, the defendant's sentences are not excessive and were part of the negotiated pleas (see, People v. Mercer, 204 A.D.2d 741, 612 N.Y.S.2d 650; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d JOY, J.P., and HART and FLORIO, JJ., concur. GOLDSTEIN, J., dissents and votes......
  • Request a trial to view additional results

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