PEOPLE v. DWYER (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Nashaum DWYER, Defendant-Appellant.

Decided: November 18, 1997

Before SULLIVAN, J.P., and ROSENBERGER, WALLACH, NARDELLI and COLABELLA, JJ.

Daniel R. Wanderman, for Respondent. Alyse Graham, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 27, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 11 to 22 years, unanimously affirmed.

Expert testimony concerning the various roles played by the participants in drug operations was properly introduced to explain defendant's conduct and the absence of cash and narcotics on his person at the time of his arrest (see, People v. McMillian, 240 A.D.2d 184, 658 N.Y.S.2d 28). The portions of the testimony challenged by defendant on appeal were explanatory and did not deprive defendant of a fair trial.

The record provides no support for defendant's claim that the trial court departed from the courtroom during the course of testimony.

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law