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People v. Haskins

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 454 (N.Y. App. Div. 2000)

Opinion

Submitted February 18, 2000.

April 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered March 10, 1998, convicting him of criminal sale of controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Stephen Dixon-Gordon of counsel), for respondent.

GABRIEL M. KRAUSMAN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the court shifted the burden of proof by instructing the jury, during preliminary instructions, to consider opening statements "as a preview of what each side intends to prove by way of evidence in the case" is unpreserved for appellate review (see, CPL 470.05[2]; People v. Gray, 86 N.Y.2d 10 ; People v. Bynum, 70 N.Y.2d 858 ; People v. Pena, 242 A.D.2d 546 ). In any event, the court's instructions were substantively correct and did not shift the burden of proof to the defendant (see, People v. Pena, supra; People v. Dukes, 236 A.D.2d 484 ; People v. Burks, 221 A.D.2d 201 ; cf., People v. Rodriguez, 211 A.D.2d 443 ; People v. Robinson, 202 A.D.2d 225 ).


Summaries of

People v. Haskins

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 454 (N.Y. App. Div. 2000)
Case details for

People v. Haskins

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WAYNE HASKINS, appellant. (Ind. No…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 454 (N.Y. App. Div. 2000)
706 N.Y.S.2d 891