People v. Sala

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: ELLERIN
• Citation: People v. Sala, 670 N.Y.S.2d 98, 248 A.D.2d 326 (N.Y. App. Div. 1998)
• Decision Date: 31 March 1998
• Parties: 1998 N.Y. Slip Op. 2886 The PEOPLE of the State of New York, Respondent, v. Jose SALA, Defendant-Appellant.

Page 98

670 N.Y.S.2d 98

1998 N.Y. Slip Op. 2886

The PEOPLE of the State of New York, Respondent, v. Jose SALA, Defendant-Appellant.

Supreme Court of New York, Appellate Division First Department.

March 31, 1998.

Gregory H. Mansfield, for respondent.

Moira E. Casey, for defendant-appellant.

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered February 6, 1996, 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 4 1/2 to 9 years, unanimously affirmed.

Even if we were to assume that the testimony challenged by defendant suggested the existence of contemporaneous uncharged drug sales (cf., People v. Granado, 222 A.D.2d 286, 635 N.Y.S.2d 213, lv. denied 88 N.Y.2d 848, 644 N.Y.S.2d 694, 667 N.E.2d 344), the testimony would have been admissible to complete the narrative and as relevant to the People's explanation regarding the absence of the pre-recorded buy money from the currency found in defendant's possession (see, People v. Pressley, 216 A.D.2d 202, 628 N.Y.S.2d 682, lv. denied 86 N.Y.2d 800, 632 N.Y.S.2d 514, 656 N.E.2d 613). Any possible prejudice was effectively eliminated by the court's limiting instructions, which were presumably understood and followed by the jury (see, People v. Davis, 58 N.Y.2d 1102, 1104, 462 N.Y.S.2d 816, 449 N.E.2d 710).

Defendant's argument that the arresting officer's testimony concerning the undercover's drive-by confirmatory identification is unpreserved and we decline to review it in the interest of justice. Were we to review it, we would find the argument meritless since, it is well settled that in buy and bust cases an arresting officer's testimony that the undercover...