Legal Opinion

People v. Fryar

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 2006Published

1Opinion of the Court

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered November 8, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Upon receiving expert testimony regarding street-level drug operations, the court provided limiting instructions that comported with People v Brown (97 NY2d 500, 506-507 [2002]). However, in Brown, the Court of Appeals cautioned that, “[b]ased on our concern that expert testimony be admitted only for…

2Cases cited3 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. BrownNew York Court of Appeals · 2002
  3. People v. OguendoAppellate Division of the Supreme Court of the State of New York · 2003

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