PEOPLE v. KRAMER (1997)

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

The PEOPLE of the State of New York, Respondent, v. Brenda KRAMER, Defendant-Appellant.

Decided: June 10, 1997

Before WALLACH, J.P., and NARDELLI, RUBIN, TOM and ANDRIAS, JJ.

Patricia Gaviria, for respondent. William Ramos, for defendant-appellant.

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered August 9, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

The court's instruction to the jury not to speculate as to the lack of fingerprint testing did not convey that the jury was to ignore the lack of fingerprint evidence, but rather that it was not to go beyond the evidence in theorizing as to why fingerprints had not been taken (People v. Duncan, 221 A.D.2d 254, 635 N.Y.S.2d 462, lv denied 87 N.Y.2d 972, 642 N.Y.S.2d 201, 664 N.E.2d 1264; People v. Brown, 155 A.D.2d 306, 547 N.Y.S.2d 279, lv denied 75 N.Y.2d 811, 552 N.Y.S.2d 561, 551 N.E.2d 1239).

MEMORANDUM DECISION.

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