People v. Lee, 129 A.D.3d 1295 (N.Y. App. Div. 2015). · Go Syfert
People v. Lee, 129 A.D.3d 1295 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Francois (3×)
N.Y. App. Div. · 2026 · confidence medium
Here, while the Supreme Court erred in failing to designate the jury foreperson until after the first witness had testified, the error was not a mode of proceedings error ( see CPL 270.15[3]; People v Bostic , 217 AD3d at 681; People v Lee , 129 AD3d 1295, 1299; People v Alexander , 104 AD3d 1221, 1221), and was harmless ( see People v Burgess , 280 AD2d 264, 265).
discussed Cited as authority (rule) People v. Washington (2×)
nyputnamctyct · 2025 · confidence medium
The Court shall conduct a joint Sandoval / Molineux / Ventimiglia hearing before the commencement of trial in order to balance the probative value and prejudicial nature of any such proof ( see People v Sandoval , 34 NY2d at 375; People v Lee , 129 AD3d 1295, 1297-1298 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Giacopelli
nyputnamctyct · 2024 · confidence medium
The Court shall conduct a joint Sandoval / Molineux / Ventimiglia hearing before the commencement of trial in order to balance the probative value and prejudicial nature of any such proof ( see People v Sandoval , 34 NY2d at 375; People v Lee , 129 AD3d 1295, 1297-1298 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Giacopelli
nyputnamctyct · 2024 · confidence medium
The Court shall conduct a joint Sandoval / Molineux / Ventimiglia hearing before the commencement of trial in order to balance the probative value and prejudicial nature of any such proof ( see People v Sandoval , 34 NY2d at 375; People v Lee , 129 AD3d 1295, 1297-1298 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Diaz
N.Y. App. Div. · 2023 · confidence medium
"Where, as here, there are no grounds for legal disqualification, a trial judge's decision as to whether recusal is necessary will not be disturbed absent a clear abuse of discretion" ( People v Lee , 129 AD3d 1295, 1296 [3d Dept 2015] [internal citations omitted], lv denied 27 NY3d 1001 [2016]; see People v Moreno , 70 NY2d 403, 405-406 [1987]; People v Kenyon , 108 AD3d 933, 941 [3d Dept 2013], lv denied 21 NY3d 1075 [2013]).
discussed Cited as authority (rule) People v. Fisher
N.Y. App. Div. · 2023 · confidence medium
Defendant's present contention that County Court erred with respect to juror No. 3, a contention that is addressed at length by the dissent, is unpreserved for our review ( see People v Keener , 138 AD3d 1162, 1165 [3d Dept 2016], lv denied 27 NY3d 1134 [2016]; People v Lee , 129 AD3d 1295, 1299 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]; People v Fleegle , 20 AD3d 684, 685 [3d Dept 2005], lv denied 5 NY3d 828 [2005], cert denied 547 US 1152 [2006]), and we decline to exercise our interest of justice jurisdiction to reverse on this issue.
discussed Cited as authority (rule) People v. Fisher
N.Y. App. Div. · 2023 · confidence medium
Defendant's present contention that County Court erred with respect to juror No. 3, a contention that is addressed at length by the dissent, is unpreserved for our review ( see People v Keener , 138 AD3d 1162, 1165 [3d Dept 2016], lv denied 27 NY3d 1134 [2016]; People v Lee , 129 AD3d 1295, 1299 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]; People v Fleegle , 20 AD3d 684, 685 [3d Dept 2005], lv denied 5 NY3d 828 [2005], cert denied 547 US 1152 [2006]), and we decline to exercise our interest of justice jurisdiction to reverse on this issue.
discussed Cited as authority (rule) People v. Durham
N.Y. App. Div. · 2021 · confidence medium
With respect to defendant's disqualification motion, the case law makes clear that, absent a statutory basis for disqualification ( see Judiciary Law § 14), which defendant does not allege, "a trial judge is the sole arbiter of recusal and his or her decision, which lies within the personal conscience of the court, will not be disturbed absent an abuse of discretion" ( People v Regan , 192 AD3d 1393, 1394 [2021] [internal quotation marks, brackets and citations omitted], lv denied ___ NY3d ___ [May 25, 2021]; see People v Garrow , 148 AD3d 1459, 1460 [2017], lv denied 29 NY3d 1031 [2017]; Peo…
discussed Cited as authority (rule) People v. Bickham
N.Y. App. Div. · 2020 · confidence medium
People v Sidberry , 159 AD3d 486 , 487 [2018], lv denied 31 NY3d 1087 [2018]; People v Nowlan , 130 AD3d 1146, 1146 [2015]; People v Lee , 129 AD3d 1295, 1297-1298 [2015], lv denied 27 NY3d 1001 [2016]; People v Poole , 79 AD3d 1685, 1687 [2010], lv denied 16 NY3d 862 [2011]; People v Deale , 26 AD3d 175, 176 [2006], lv denied 6 NY3d 893 [2006]; People v Lauderdale , 243 AD2d 760, 761 [1997], lv denied 91 NY2d 875 [1997]; see also People v Valentin , 29 NY3d 150, 156 [2017]), and the risk of prejudice [*4]was reduced in this bench trial, because the court is less likely than a jury to infer pr…
discussed Cited as authority (rule) People v. Mackie
N.Y. App. Div. · 2019 · confidence medium
Accordingly, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentences in the interest of justice ( see People v Shortell , 155 AD3d 1442, 1443, 1447 [2017], lv denied 31 NY3d 1087 [2018]; People v Johnson , 151 AD3d 1462, 1466 [2017], lv denied 30 NY3d 1106 [2018]; People v Lee , 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]; People v Samuel , 284 AD2d 654, 655 [2001]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2019 · confidence medium
Contrary to defendant's contention, the foregoing constituted legally sufficient proof from which the jury could find that he was the seller on both occasions ( see People v Nicholas , 130 AD3d 1314, 1314-1316 [2015]; People v Lee , 129 AD3d 1295, 1296-1297 [2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Douglas
N.Y. App. Div. · 2018 · confidence medium
As for the claim that the sentence is harsh and excessive, upon consideration of defendant's extensive criminal history and failure to express remorse, we find no extraordinary circumstances or abuse of discretion warranting a modification ( see People v Lee , 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]; People v Sudler , 75 AD3d 901, 906 [2010], lv denied 15 NY3d 956 [2010]).
discussed Cited as authority (rule) People v. Credell
N.Y. App. Div. · 2018 · confidence medium
We reject defendant's related contention that the prejudicial effect of such evidence outweighed its probative value (see People v Lee, 129 AD3d 1295, 1298 [3d Dept 2015], lv denied 27 NY3d 1001 [2016]; Whitfield, 115 AD3d at 1182).
discussed Cited as authority (rule) People v. Palin
N.Y. App. Div. · 2018 · confidence medium
Finally, we do not find defendant's sentence to be harsh or excessive, and the record provides no support for his claim that he was punished for exercising his right to trial ( see People v Lee , 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]; People v Nichol , 121 AD3d 1174 , 1178 [2014], lv denied 25 NY3d 1205 [2015]).
discussed Cited as authority (rule) People v. Ford
N.Y. App. Div. · 2017 · confidence medium
Given County Court’s careful analysis and the restrictions it placed to limit the potential for prejudice, we find no abuse of discretion (see People v Watson, 150 AD3d 1384, 1387 [2017], lv denied 29 NY3d 1135 [2017]; People v Iovino, 149 AD3d 1350, 1353-1354 [2017], lv denied 30 NY3d 950 [2017]; People v Lee, 129 AD3d 1295, 1298 [2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Arce-Santiago
N.Y. App. Div. · 2017 · confidence medium
Further, there is no support in the record for defendant’s claim that he was punished for rejecting a plea offer of eight years in prison and exercising his right to trial (see People v Collier, 146 AD3d 1146, 1152 [2017], lv denied 30 NY3d 948 [Sept. 4, 2017]; People v Lee, 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2017 · confidence medium
Contrary to defendant’s contention, County Court engaged in a proper weighing of the probative value versus prejudicial effect of admitting evidence of this 2003 conviction, and we discern no abuse of discretion in its determination that the prejudicial effect of admitting such evidence was outweighed by its probative value (see People v Lee, 129 AD3d 1295, 1298 [2015], lv denied 27 NY3d 1001 [2016]; People v Nealon, 36 AD3d at 1078 ).
discussed Cited as authority (rule) People v. Jeremiah
N.Y. App. Div. · 2017 · confidence medium
“Accordingly, preservation was required, and we decline to take corrective action in the interest of justice” (People v Lee, 129 AD3d 1295, 1299 [2015] [citations omitted], lv denied 27 NY3d 1001 [2016]).
discussed Cited as authority (rule) People v. Mould
N.Y. App. Div. · 2016 · confidence medium
Finally, we have examined defendant’s argument that the imposed sentence was harsh and excessive and find it to be without merit (see People v Lee, 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]; People v Newkirk, 75 AD3d 853, 857-858 [2010], lv denied 16 NY3d 834 [2011]).
discussed Cited as authority (rule) People v. Cochran
N.Y. App. Div. · 2016 · confidence medium
Accordingly, we find no abuse of discretion or extraordinary circumstances warranting a reduction of defendant’s sentence in the interest of justice (see People v Lee, 129 AD3d 1295, 1300 [2015], lv denied 27 NY3d 1001 [2016]; People v Souffrant, 104 AD3d 992, 993 [2013], lv denied 21 NY3d 1010 [2013]; People v Burroughs, 64 AD3d 894, 898-899 [2009], lv denied 13 NY3d 794 [2009]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2016 · confidence medium
The defendant’s contention that the Supreme Court’s response to a jury note regarding the count of burglary in the first degree had the effect of directing a verdict of guilt on that count is unpreserved for appellate review (see CPL 470.05 [2]; People v Hoke, 62 NY2d 1022, 1023-1024 [1984]; People v Lee, 129 AD3d 1295, 1299 [2015]; People v Lugo, 81 AD3d 532, 533 [2011]).
discussed Cited as authority (rule) People v. Keener
N.Y. App. Div. · 2016 · confidence medium
This is causing him to not deliberate free of bias and with preconceived ideas.” The court immediately read the jury note verbatim in *1165 the presence of the prosecutor, defense counsel and defendant, thereby fulfilling its “core responsibility” under CPL 310.30 “to give meaningful notice to counsel of the specific content of the jurors’ request — in order to ensure counsel’s opportunity to frame intelligent suggestions for the fairest and least prejudicial response — and to provide a meaningful response to the jury” (People v Kisoon, 8 NY3d 129, 134 [2007]; accord People v…
discussed Cited "see" People v. Burks
N.Y. App. Div. · 2019 · signal: accord · confidence high
To warrant the submission of an intoxication charge to a jury, there must be "sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis . . . [or] evidence of the recent use of intoxicants of such nature or quantity to support the inference that their ingestion was sufficient to affect [the] defendant's ability to form the necessary criminal intent" ( People v Rodriguez , 76 NY2d 918, 920 [1990] [internal quotation marks and citations omitted]; accord People v Lee , 129 AD3d 1295, 1299 [2015], lv denied 27 NY3d 1001…
discussed Cited "see" People v. Michaels
N.Y. App. Div. · 2015 · signal: see · confidence high
A good faith claim of right negates larcenous intent, and the People have the burden of disproving such defense beyond a reasonable doubt (see People v Zona, 14 NY3d 488, 492-493 [2010]; People v Green, 5 NY3d 538, 542 [2005]). *1076 In analyzing the legal sufficiency of a conviction, we must view the evidence in a light most favorable to the People and “determine whether there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial and as a matter of law satisfy the proof and bur…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Gregory Lee, Appellant
104790.
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 2015.
129 A.D.3d 1295
Garry, Peters, Rose, Devine.
Cited by 26 opinions  |  Published
Garry, J.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered December 14, 2011, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts).

In April 2011, defendant was arrested for possessing and[*1296] selling heroin and cocaine in the Town of Saugerties, Ulster County. He was indicted on three counts each of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. Following a jury trial, he was convicted of two counts of each offense and sentenced as a second felony offender to an aggregate prison term of 18 years, followed by three years of postrelease supervision. Defendant appeals.

Initially, we reject defendant’s claim that he was denied a fair trial by County Court’s refusal to recuse itself. Where, as here, there are no grounds for legal disqualification (see Judiciary Law § 14), a trial judge’s decision as to whether recusal is necessary will not be disturbed absent a clear abuse of discretion (see People v Moreno, 70 NY2d 403, 406 [1987]; People v Lerario, 43 AD3d 492, 492-493 [2007]; People v Wallis, 24 AD3d 1029, 1031 [2005], lv denied 6 NY3d 854 [2006]). Defendant based his motion for recusal on the fact that the County Judge who presided over his trial had been the District Attorney in 2005, when defendant was prosecuted by his office on a similar drug-related charge. Defendant has acknowledged that the trial was handled by assistant district attorneys and that, to his knowledge, the Judge did not participate. Nevertheless, defendant asserted that the Judge must have been aware of the 2005 prosecution and, as a result, acquired prejudicial information. In denying the motion, the Judge stated unequivocally that he had no memory of the prior prosecution, no knowledge or information about defendant other than the evidence in the current prosecution, and no reservations as to whether he could be fair and impartial. Nothing in our review of the record controverts these statements or suggests any bias or prejudice. Accordingly, we find no abuse of discretion (see People v Curkendall, 12 AD3d 710, 714 [2004], lv denied 4 NY3d 743 [2004]; People v West, 254 AD2d 315, 315 [1998]; People v Rosato, 193 AD2d 1052, 1053 [1993], lv denied 84 NY2d 910 [1994]; People v Jones, 143 AD2d 465, 466-467 [1988]).

Defendant next claims that his convictions were not supported by legally sufficient evidence and that the verdict was against the weight of the evidence. The People sought to prove that defendant sold narcotics to a confidential informant (hereinafter Cl) and an undercover officer in two controlled buys in March 2011. The Cl testified that she agreed to participate in the controlled buys in exchange for favorable treatment of her alleged involvement in unrelated drug transactions. On both occasions, she telephoned defendant and arranged to meet him at a motel to purchase drugs. Before each transaction, she was[*1297] searched, provided with a body wire and given prerecorded currency. She and an undercover officer then met defendant in the motel parking lot, where he accepted the buy money and, in exchange, provided them with heroin in the first transaction and with heroin and crack cocaine in the second transaction. Members of a law enforcement drug task force observed both controlled buys from a nearby van and made audio and video recordings of the transactions as they occurred. The undercover officer then retained possession of the drugs, which were subsequently tested and identified as heroin and cocaine. At trial, the Cl and the undercover officer identified defendant as the person who participated in both transactions, officers who observed the transactions testified as to what they had seen and heard, and the audio and video recordings were played for the jury.

Defendant relied upon an agency defense at trial. Although conceding that he participated in both exchanges, he claimed that he merely acted as an agent for the true seller, did not intend to sell the drugs or profit from the transactions, and provided the drugs as a favor to the Cl, who had told him that she and her companion — the undercover officer — were suffering from withdrawal symptoms. This testimony presented factual questions and credibility assessments for the jury, which had the opportunity to hear defendant’s testimony and observe his demeanor (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]; People v Mitchell, 112 AD3d 1071, 1071-1072 [2013], lv denied 22 NY3d 1140 [2014] ). It was likewise the jury’s province to resolve inconsistencies and conflicts that defendant now contends rendered the trial testimony unworthy of belief, all of which were thoroughly explored on cross-examination. Viewing the evidence in the light most favorable to the People, we find a “valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury” (People v Bleakley, 69 NY2d 490, 495 [1987]; see People v Guthrie, 57 AD3d 1168, 1170 [2008], lv denied 12 NY3d 816 [2009]). Further, viewing the evidence in a neutral light and deferring to the jury’s credibility assessments, we find that the People met their burden to disprove the agency defense and that the verdict was not contrary to the weight of the evidence (see People v Robinson, 123 AD3d 1224, 1226-1227 [2014], lv denied 25 NY3d 992 [2015]; People v Mitchell, 112 AD3d at 1073; People v Johnson, 91 AD3d 1115, 1116-1117 [2012], lv denied 18 NY3d 959 [2012]).

County Court did not err in its Molineux, Ventimiglia or Sandoval rulings. During a joint pretrial hearing, the court[*1298] denied the People’s request to introduce evidence of certain prior convictions and bad acts, specifically including two 2005 convictions for criminal sale of a controlled substance in the third degree and certain alleged prior drug sales to the Cl. The court found that the prejudicial effect of this evidence outweighed its probative value, but warned that this ruling could change if defendant opened the door during trial. Thereafter, defendant asserted his agency defense during his opening statement, and the People renewed their prior application. The court found that defendant had opened the door, conducted an additional Ventimiglia /Molineux hearing, and concluded that the evidence was relevant to rebut defendant’s agency defense and demonstrate his intent to sell narcotics, and that its probative value outweighed its potential for prejudice. We find no error. It is well established that a defendant opens the door to Molineux evidence by asserting an agency defense (see People v Mitchell, 112 AD3d at 1073; People v Nealon, 36 AD3d 1076, 1078 [2007], lv denied 8 NY3d 988 [2007]; People v Ortiz, 259 AD2d 979, 980 [1999], lv denied 93 NY2d 1024 [1999]), and any potential prejudice was mitigated by the court’s timely and proper limiting instructions (see People v Small, 12 NY3d 732, 733 [2009]).

As for County Court’s Sandoval rulings, the People sought before the trial to impeach defendant with evidence of his numerous prior convictions and bad acts in the event that he elected to testify. Upon such an application, a trial court, in its discretion, “may exclude the evidence entirely; limit the prosecution’s inquiry to the mere fact that there has been a prior conviction; it may limit inquiry to the existence and nature of the prior conviction; or it may permit examination into the facts and circumstances underlying the prior conviction” (People v Smith, 18 NY3d 588, 593 [2012] [internal quotation marks, brackets and citations omitted]). During the joint hearing, the court carefully considered each of defendant’s prior convictions and ruled on the extent to which the People could question him, precluding all inquiry into some of the convictions and limiting the People’s inquiry into the nature and underlying circumstances of almost all of the others. When defendant testified at trial, the People questioned him in accord with these directions, and defendant offered no objections. Considering the numerous restrictions imposed as a result of the court’s careful analysis, we find no abuse of discretion (see People v Nichol, 121 AD3d 1174, 1175-1176 [2014]).

Defendant next contends that County Court erred by granting the jury’s request to allow the second seated juror to take[*1299] over the duties of the jury foreperson. However, defendant was present and raised no objection when his counsel affirmatively consented to the substitution, and his counsel did not object when the decision was communicated to the jury. Even if the substitution was in some manner erroneous, it did not constitute a mode of proceedings error and, contrary to defendant’s contention, preservation was required (see People v Alexander, 104 AD3d 1221, 1221 [2013], lv denied 21 NY3d 941 [2013]; see generally People v Agramonte, 87 NY2d 765, 769-770 [1996]). We decline to take corrective action in the interest of justice.

Defendant was not denied a fair trial by County Court’s refusal to instruct the jury as to an intoxication defense. Such a charge is warranted when “there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis ... [or when] the record contains evidence of the recent use of intoxicants of such nature or quantity to support the inference that their ingestion was sufficient to affect [the] defendant’s ability to form the necessary criminal intent” (People v Rodriguez, 76 NY2d 918, 920 [1990] [internal quotation marks and citations omitted]). Here, there was no evidence that defendant was intoxicated at the time of the drug transactions except for his own self-serving testimony, and such “bare assertions,” standing alone, do not warrant an intoxication charge (People v Sirico, 17 NY3d 744, 745 [2011]; accord People v Duffy, 119 AD3d 1231, 1234 [2014], lv denied 24 NY3d 1043 [2014]). Likewise, the court properly rejected defendant’s request for an instruction on the definition of a mandated reporter pursuant to Social Services Law § 413. Defendant’s claim that the police had improperly failed to report the Cl to a child protective agency had no bearing on his guilt, and the requested charge would only have served to confuse the jurors.

Although defendant now contends that County Court responded improperly to a jury note, his counsel agreed to the court’s proposed response in defendant’s presence and did not object when the response was communicated to the jury. Our review of the record reveals that the court complied with its “core responsibilities]” to give counsel notice of the specific contents of the note and an opportunity to participate in framing appropriate responses, and to provide the jury with a meaningful response (People v Kisoon, 8 NY3d 129, 134 [2007]; see CPL 310.30; People v O'Rama, 78 NY2d 270, 276 [1991]). Accordingly, preservation was required, and we decline to take corrective action in the interest of justice (see People v Woodrow, 89 AD3d 1158, 1160 [2011], lv denied 19 NY3d 978 [2012];[*1300] People v Rivera, 83 AD3d 1370, 1370-1371 [2011], lv denied 17 NY3d 904 [2011]).

Finally, we reject defendant’s contention that his sentence was harsh and excessive. He was not sentenced to the maximum permissible term (see Penal Law § 70.70 [3] [b] [i]), and the record provides no support for his claim that he was punished for exercising his right to trial (see People v Nichol, 121 AD3d at 1178; People v Massey, 45 AD3d 1044, 1048 [2007], lv denied 9 NY3d 1036 [2008]). In view of defendant’s lack of remorse and his extensive criminal history — which dates back to 1984 and includes convictions for robbery, kidnapping and assault, as well as drug-related offenses — we perceive no abuse of discretion or extraordinary circumstances warranting a reduction in the interest of justice (see People v McDonald, 43 AD3d 1207, 1207 [2007], lv denied 10 NY3d 867 [2008]; People v Davis, 4 AD3d 567, 568 [2004], lv denied 2 NY3d 798 [2004]).

Peters, P.J., Rose and Devine, JJ., concur.

Ordered that the judgment is affirmed.