People v. Alvie J.
Opinion of the Court
—Adjudication unanimously affirmed. Memorandum: Defendant appeals from an adjudication upon a jury verdict finding that he committed criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) in connection with the sale of crack cocaine to an undercover State Trooper and a confidential informant. The sale was arranged through a series of tape-recorded telephone
Contrary to the contention of defendant, County Court did not abuse its discretion in overruling his objection to a question posed by the prosecutor on redirect examination of the investigator who identified defendant’s voice from the tape recordings. Defendant sought to establish through cross-examination that the investigator did not in fact know defendant. On redirect examination, the prosecutor asked the investigator whether he knew defendant’s nickname. We conclude that the court did not abuse its discretion in determining that the question was not outside the scope of defendant’s cross-examination of the investigator (see, People v Abbott, 275 AD2d 481, 483-484, lv denied 96 NY2d 731; People v Rivera, 256 AD2d 1098, 1099, lv denied 93 NY2d 977; cf., People v Melendez, 55 NY2d 445, 451-453). Defendant’s remaining contention is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Adjudication of Ontario County Court, Henry, Jr., J. — Youthful Offender.) Present — Green, J. P., Scudder, Kehoe, Gorski and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.