State v. Ryan
Court | Supreme Court of Connecticut |
Citation | 438 A.2d 107,182 Conn. 335 |
Decision Date | 11 November 1980 |
Parties | STATE of Connecticut v. Deborah RYAN. |
Page 107
v.
Deborah RYAN.
Decided Nov. 11, 1980.
Page 108
Ronald E. Cassidento, West Hartford, for appellant-appellee (defendant).
C. Robert Satti, State's Atty., New London, for appellee-appellant (state).
Before COTTER, C. J., and BOGDANSKI, SPEZIALE, HEALEY and PARSKEY, JJ.
PARSKEY, Associate Justice.
This appeal is taken from a judgment rendered pursuant to a jury verdict convicting the defendant of illegal possession of a narcotic substance, cocaine, in violation of General Statutes § 19-481(a), and illegal sale of cocaine, in violation of General Statutes § 19-480(a). Both crimes were alleged to have been committed on December 21, 1977. The defendant's sole claim on appeal is that [182 Conn. 336] the trial court erred in admitting evidence of the defendant's presence at a prior drug transaction between two of the state's witnesses. 1
At the trial, Ronald Simons testified that approximately one week before the occurrence of the events charged in the information the defendant was in a car with one Rene Sauzedde at the commuter parking lot at the junction of routes 2 and 16 in Colchester. At that time Simons purchased a vial of LSD 2 from Sauzedde for $200. The subsequent testimony of Sauzedde established that the LSD had been supplied by the defendant. He further testified that the defendant was his partner in the cocaine sale which was the subject of the defendant's trial and that she counted the money that Simons used to pay for the cocaine while she was in the back seat of the car. The trial court allowed the testimony concerning the prior LSD sale 3 because its probative value on the issue of the [182 Conn. 337] defendant's knowledge that a cocaine sale was to be effected at the parking lot on December 21, 1977, outweighed its prejudicial tendency.
Evidence of prior acts of misconduct is admissible to prove intent, an element of the crime, identity, or a system of criminal activity if the trial court determines, in the exercise of judicial discretion, that the probative value of the evidence outweighs its prejudicial tendency. State v. Barlow, 177 Conn. 391, 393-94, 418 A.2d 46 (1979). When subjected to appellate review, every reasonable presumption should be given in favor of the trial court's ruling. Id. Only where it appears that either the
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trial court abused its discretion or an injustice has been done will this court find reversible error on the basis of this sort of evidentiary ruling. State v. Brown, 169 Conn. 692, 702, ...To continue reading
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