Legal Opinion

People v. Brathwaite

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

Decided April 1, 1997PublishedCited by 5 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), rendered September 1, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (2 counts) and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Defendant opened the door to the introduction of the details of an uncharged drug sale, which was also admissible to rebut defendant’s agency and entrapment defenses and his related contentions (People v Melendez, 55 NY2d 445, 451-452;…

2Cases cited3 opinions

  1. People v. MelendezNew York Court of Appeals · 1982
  2. People v. RodriguezNew York Court of Appeals · 1995
  3. People v. CalvanoNew York Court of Appeals · 1972

3Cited by5 opinions

  1. People v. FabricioAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. GarrickAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. TillmanAppellate Division of the Supreme Court of the State of New York · 2001

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