AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HERBERT LOPEZ, DEFENDANT-APPELLANT.

Contemporaneous uncharged sales were properly admitted to complete the narrative of events and to establish the extent of the officer's opportunity to observe defendant and make a reliable identification (see,People v. Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800).

The court's compromise Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459).

Defendant failed to preserve his argument that the mandatory minimum sentence is unconstitutional as applied (see, People v. Ingram, 67 N.Y.2d 897, 899), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentence does not constitute cruel and unusual punishment (see, People v. Thompson, 83 N.Y.2d 477).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEOPLE v. LOPEZ
(Jan 4, 2001)