Appellate Division of the Supreme Court of New York, 2008

People v. Santana

People v. Santana
Appellate Division of the Supreme Court of New York · Decided February 14, 2008
48 A.D.3d 286; 852 N.Y.S.2d 73
People v. Santana

Opinion of the Court

Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered February 23, 2006, convicting defendant, after a jury trial, of five counts of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years, unanimously affirmed.

Testimony regarding a narcotics sale by a codefendant in defendant’s presence did not deprive defendant of a fair trial. The evidence in question was relevant to a conspiracy count in the indictment that was still pending at that point in the trial, and evidence of the codefendant’s conduct was not prejudicial to defendant (see People v Delacruz, 24 AD3d 109 [2005], lv denied 6 NY3d 775 [2006]). Furthermore, the court’s limiting instruction was sufficient to prevent any possibility of prejudice.

We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Friedman, Sweeny and Moskowitz, JJ.

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