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People v. Brown

194 A.D.2d 414 Court N.Y. App. Div. Decision date 1993-06-15 English

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p. 414
The 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.

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