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People v. Agard

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 438 (N.Y. App. Div. 2000)

Opinion

Submitted December 3, 1999

January 27, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered April 22, 1997, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.

Arza Rayches Feldman, Roslyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Shulamit Rosenblum, and Marie-Claude P. Wrenn of counsel), for respondent.

THOMAS R. SULLIVAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

Since identification was not an issue in this case, the defendant was not unduly prejudiced by a detective's accidental testimony that another detective identified the defendant as the individual who accepted the package containing contraband ( see, People v. Williams, 148 A.D.2d 480).

The prosecutor's summation remarks were a fair response to the defendant's arguments ( see, People v. Galloway, 54 N.Y.2d 396).

SULLIVAN, J.P., KRAUSMAN, McGINITY, and H. MILLER, JJ., concur.


Summaries of

People v. Agard

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 438 (N.Y. App. Div. 2000)
Case details for

People v. Agard

Case Details

Full title:THE PEOPLE, etc., respondent, v. MARK AGARD, appellant. (Ind. No. 6075/96)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 2000

Citations

268 A.D.2d 438 (N.Y. App. Div. 2000)
701 N.Y.S.2d 620