From Casetext: Smarter Legal Research

People v. Pattison

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 852 (N.Y. App. Div. 1983)

Opinion

November 28, 1983


Appeal by defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered July 17, 1980, as amended September 14, 1981, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment, as amended, affirmed. Defendant's guilt was established by overwhelming proof and we decline to review, in the interest of justice, the unpreserved issues concerning a purported agency defense and the necessity for corroboration of alleged accomplice testimony. Further, it was not improper to admit certain background evidence, which was essential to an understanding of the delivery to, and possession by the defendant on October 3, 1977 of the contraband in issue (see People v Ventimiglia, 52 N.Y.2d 350, 359-360; People v Jackson, 39 N.Y.2d 64). Finally, the replacement of a sitting juror with an alternate after it appeared that the sitting juror knew a witness in the case, was within the court's discretion and did not prejudice defendant (CPL 270.35; see Smith v Phillips, 455 U.S. 209; People v West, 92 A.D.2d 620, 621; cf. People v Blyden, 55 N.Y.2d 73, 78; People v Meyer, 78 A.D.2d 662, 664). Titone, J.P., O'Connor, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Pattison

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 852 (N.Y. App. Div. 1983)
Case details for

People v. Pattison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD P. PATTISON…

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

Date published: Nov 28, 1983

Citations

97 A.D.2d 852 (N.Y. App. Div. 1983)

Citing Cases

People v. Buford

Once a trial jury has been sworn, the court must discharge a juror when it "finds, from facts unknown at the…

People v. Belmonte

The defendant's claim that the court erred in not limiting the People's evidence to the factual claims in the…