People v. Colon

Andrias, J. (dissenting).

I dissent and would affirm.

Defendant’s principal argument on appeal is that Sergeant McDonald’s expert testimony about street-level narcotics operations "impermissibly associated appellant with the ongoing organized drug trade, depriving him of his due process right to a fair trial” (emphasis added).

Initially, such claim has not been preserved for appellate review. The sergeant’s direct examination consisted of 18 pages of testimony. Other than referring to his pretrial objections when the prosecution sought to have Sergeant McDonald qualified as an expert, defense…