Appellate Division of the Supreme Court of New York, 2004

People v. Carson

Appellate Division of the Supreme Court of New York · Decided February 11, 2004

4 A.D.3d 805; 771 N.Y.S.2d 775; 2004 N.Y. App. Div. LEXIS 1574

Cases that cite this one

19 later published cases cite this decision.

People v. Reed (Appellate Division of the Supreme Court of New York 2017)
MITCHELL, MILES S., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
SMITH, III, WILLIE D., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Mitchell (Appellate Division of the Supreme Court of New York 2016)
People v. Mitchell (Appellate Division of the Supreme Court of New York 2016)
SMITH, KEITH A., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Smith (Appellate Division of the Supreme Court of New York 2015)
People v. Smith (Appellate Division of the Supreme Court of New York 2015)
ANDERSON, CLIFFORD C., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
GRAHAM, ORADO N., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Graham (Appellate Division of the Supreme Court of New York 2014)
People v. Graham (Appellate Division of the Supreme Court of New York 2014)
ROGERS, JOHNNY, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
People v. Rogers (Appellate Division of the Supreme Court of New York 2013)
People v. Rogers (Appellate Division of the Supreme Court of New York 2013)
BRADLEY, DALE, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Bradley (Appellate Division of the Supreme Court of New York 2011)
People v. Barner (Appellate Division of the Supreme Court of New York 2006)
People v. Patterson (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from a judgment of the Niagara County Court (Amy J. Fricano, J.), rendered February 18, 2000. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). Defendant was acquitted of criminal possession of a controlled substance in the third degree (§ 220.16 [1] [possession with intent to sell]). Defendant contends that County Court erred in allowing a prosecution witness to testify regarding a prior drug sale. We disagree. That testimony was properly admitted to establish that defendant possessed cocaine with the intent to sell it (see People v Hernandez, 71 NY2d 233, 245-246 [1987]; People v Maddox, 272 AD2d 884, 884-885 [2000], lv denied 95 NY2d 867; [2000] People v Moody, 229 AD2d 936 [1996], lv denied 89 *806NY2d 926) [1996]. The probative value of that testimony outweighed any prejudice to defendant (see Maddox, 272 AD2d at 885; Moody, 229 AD2d at 937; People v Matos, 190 AD2d 819 [1993], lv denied 81 NY2d 973 [1993]), and “any prejudice to defendant was minimized by [the court’s] limiting instructions” (Maddox, 272 AD2d at 885; see People v Dais, 222 AD2d 1045, 1046 [1995], lv denied 91 NY2d 890 [1998]). The verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Miley, 306 AD2d 164, 165 [2003], lv denied 100 NY2d 623 [2003]; People v Rodriguez, 259 AD2d 571 [1999]), and the sentence is neither unduly harsh nor severe. Present—Wisner, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.