Majority
p. 347The People of the State of New York, Respondent, v Reyes Vega, Appellant. [659 NYS2d 762]
Judgment, Supreme Court, New York County (Jay Gold, J.), rendered December 1, 1994, convicting defendant, after a jury trial, of criminal sale
p. 348
of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of A1! 2 to 9 years, unanimously affirmed.
The court properly exercised its discretion in denying defendant’s application to conduct a courtroom demonstration (see, People v Acevedo, 40 NY2d 701 , 704). The proposed demonstration would not have accurately recreated the conditions existing during the incident, and would likely have caused confusion among the jurors (see, People v Scarola, 71 NY2d 769 , 777; People v Esquilin, 207 AD2d 686 , lv denied 84 NY2d 907 ; People v Gregg, 203 AD2d 188 , 189, lv denied 83 NY2d 911 ). Concur—Sullivan, J. P., Milonas, Ellerin, Tom and Mazzarelli, JJ.
Cases cited
- People v. Acevedo 40 NY2d 701 at 704 p. 348
- People v. Scarola 71 NY2d 769 at 777 p. 348
- People v. Esquilin 207 AD2d 686 p. 348