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People v. DeHoyas

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 147 (N.Y. App. Div. 1996)

Opinion

December 17, 1996.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 19, 1992, 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 7 to 14 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 5 to 10 years.

Before: Rosenberger, J.P., Ellerin, Wallach, Tom and Mazzarelli, JJ.


Defendant was not deprived of a fair trial by the introduction of expert testimony regarding typical street drug operations.

Defendant's challenge for cause to a prospective juror was properly disallowed by the trial court, since the totality of the venireperson's responses indicated an ability to decide the case impartially ( People v Middleton, 220 AD2d 202, lv denied 87 NY2d 848).

We find the sentence excessive to the extent indicated.


Summaries of

People v. DeHoyas

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 147 (N.Y. App. Div. 1996)
Case details for

People v. DeHoyas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEWIS DEHOYAS…

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

Date published: Dec 17, 1996

Citations

234 A.D.2d 147 (N.Y. App. Div. 1996)
651 N.Y.S.2d 306

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