People v. Zarvela

Citation211 A.D.2d 690,622 N.Y.S.2d 465
PartiesThe PEOPLE, etc., Respondent, v. Victor ZARVELA, Appellant.
Decision Date17 January 1995
CourtNew York Supreme Court Appellate Division

Mitchell Dranow, New York City, for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Anthea H. Bruffee, and Lisa A. Barkan, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 21, 1992, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the admission of evidence of his involvement in the drug trade constituted reversible error. This contention is unpreserved for appellate review (see, CPL 470.05[2]; People v. Medina, 53 N.Y.2d 951, 441 N.Y.S.2d 442, 424 N.E.2d 276; People v. Scott, 197 A.D.2d 646, 602 N.Y.S.2d 684). In any event, the trial court properly admitted evidence of the defendant's involvement with drugs to show motive (see, People v. Alvino, 71 N.Y.2d 233, 525 N.Y.S.2d 7, 519 N.E.2d 808; People v. Vaughn, 209 A.D.2d 459, 619 N.Y.S.2d 573; People v. Jackman, 188 A.D.2d 550, 591 N.Y.S.2d 360; People v. Garcia, 173 A.D.2d 399, 570 N.Y.S.2d 30) and to complete the narrative of events (see, People v. Garcia, supra; People v. Clark, 167 A.D.2d 552, 562 N.Y.S.2d 221; People v. Powell, 157 A.D.2d 524, 549 N.Y.S.2d 716). This evidence was properly admitted, on the facts of this case, even though the defendant was not charged with a crime involving a controlled substance (see, People v. Clark, supra ).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

MANGANO, P.J., and BALLETTA, O'BRIEN and HART, JJ., concur.

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  • Murphy v. Lynn
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 8, 1997
    ... ... Pro. L. §§ 100.05, 100.10(1)-(4) (McKinney 1992). See generally People v. Samuels, 49 N.Y.2d 218, 221, 424 N.Y.S.2d 892, 894, 400 N.E.2d 1344 (1980); People v. Blake, 35 N.Y.2d 331, 339-40, 361 N.Y.S.2d 881, 890-91, 320 ... ...
  • Zarvella v. Artuz
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 26, 2001
    ...Zarvela was sentenced to 25 years to life. His conviction was affirmed by the Appellate Division in 1995, People v. Zarvela, 211 A.D.2d 690, 622 N.Y.S.2d 465 (N.Y. App. Div. 1995), and review by the New York Court of Appeals was denied, People v. Zarvela, 86 N.Y.2d 743, 631 N.Y.S.2d 624, 65......
  • People v. Manson
    • United States
    • New York Supreme Court — Appellate Division
    • January 11, 1999
    ...368-369, 401 N.Y.S.2d 479, 372 N.E.2d 320; People v. Gines, 36 N.Y.2d 932, 932-933, 373 N.Y.S.2d 543, 335 N.E.2d 850; People v. Zarvela, 211 A.D.2d 690, 622 N.Y.S.2d 465; People v. Tabora, 139 A.D.2d 540, 541, 527 N.Y.S.2d The defendant's remaining contentions are either unpreserved for app......
  • Zarvela v. Artuz
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 7, 2004
    ...to comply with New York's contemporaneous objection rule, and, in any event, was without merit. See People v. Zarvela, 211 A.D.2d 690, 690, 622 N.Y.S.2d 465, 1995 WL 39073 (1994). The District Court held, contrary to the Appellate Division, that petitioner's claim was properly preserved at ......
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