People v. Colon

Although defendant was charged with a single count of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]), at his trial, the prosecution, over numerous objections, was permitted to elicit extensive testimony which ultimately linked defendant to a large scale drug selling enterprise. The introduction of this highly prejudicial evidence clearly acted to deprive defendant of a fair trial (see, People v Alvino, 71 NY2d 233; People v Crandall, 67 NY2d 111; People v Molineux, 168 NY 264). The Appellate Division majority’s conclusion that this evidence was…