Majority
p. 414The People of the State of New York, Respondent, v Cynthia Brown, Appellant. [598 NYS2d 529]
—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered February 27, 1990, 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 seventh degree, and sentencing her to concurrent terms of 4ti to 9 years and 1 year, respectively, unanimously affirmed.
p. 415
The People’s background evidence concerning street drug sales and a "buy and bust operation” was brief and limited (see, People v Gonzalez, 180 AD2d 553 , lv denied 79 NY2d 1001 ). The difference between the People’s opening statement and their proof does not appear to stem from bad faith, and does not warrant reversal (see, People v Parker, 97 AD2d 620 , 621). In any event, the People’s undisputed evidence amounted to overwhelming proof of guilt. Concur—Carro, J. P., Ellerin, Wallach, Kupferman and Ross, JJ.
Cases cited
- People v. Gonzalez 180 AD2d 553 p. 415