People v. Gerard

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 8, 2000, 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 third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.

When binoculars used by the police to observe a drug transaction are in evidence, it is within the court’s discretion to permit the jurors to look through the binoculars in order to perceive their degree of magnification…