People v. Pope
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered January 9, 1990, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was arrested after a police officer observed him selling crack-cocaine in the hallway of an apartment building. At trial, both the arresting officer and his partner testified that they were in the building to investigate a report of a “drug related” shooting.
The defendant asserts that the reference to a “drug related” shooting deprived him of a fair trial. Since no objection was raised at trial with respect to this issue, any claim of error is not preserved for appellate review (CPL 470.05 [2]). In any event, the limited reference to a "drug related” shooting merely served to complete the narrative of the events leading up to the defendant’s commission of the charged offense and was therefore admissible (see, People v Green, 170 AD2d 530; People v Davis, 169 AD2d 774, 775).
Most of the other instances of alleged prosecutorial misconduct are unpreserved for appellate review (see, CPL 470.05 [2]; People v Medina, supra). In any event, considered cumulatively the alleged instances of misconduct did not deprive the defendant of a fair trial (see, People v Galloway, supra; cf., People v Brazzeal, 172 AD2d 757). Kunzeman, J. P., Sullivan, Lawrence and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.