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People v. Cintron

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1990
166 A.D.2d 218 (N.Y. App. Div. 1990)

Opinion

October 9, 1990

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


Defendant was positively identified by an undercover officer moments after he was arrested for selling narcotics. Defendant admitted being in possession of controlled substances, and conceded that he had a drug habit, but argued that he never made the sale, and, essentially, that the wrong man had been arrested.

Defendant's claims on appeal are unpreserved as a matter of law, and we decline to review them in the interest of justice.

While we do not condone the prosecutor's attempt to compel defendant to characterize the People's witnesses as liars, on his comments in summation on the conduct of drug dealers generally, we observe nevertheless that reversal would not be warranted in view of the overwhelming evidence of defendant's guilt. (People v. Crimmins, 36 N.Y.2d 230.)

We have examined defendant's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Carro, Milonas, Smith and Rubin, JJ.


Summaries of

People v. Cintron

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 1990
166 A.D.2d 218 (N.Y. App. Div. 1990)
Case details for

People v. Cintron

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO CINTRON…

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

Date published: Oct 9, 1990

Citations

166 A.D.2d 218 (N.Y. App. Div. 1990)
564 N.Y.S.2d 92

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