People v. Massey, 49 A.D.3d 462 (N.Y. App. Div. 2008). · Go Syfert
People v. Massey, 49 A.D.3d 462 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Blue (nyappdiv, 2013-06-06)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Blue
N.Y. App. Div. · 2013 · confidence medium
People v Massey, 49 AD3d 462, 462 [2008], lv denied 10 NY3d 866 [2008]).
cited Cited as authority (rule) People v. Blue
N.Y. App. Div. · 2013 · confidence medium
People v Massey, 49 AD3d 462, 462 [2008], lv denied 10 NY3d 866 [2008]).
discussed Cited as authority (rule) People v. Poole
N.Y. App. Div. · 2010 · confidence medium
“There can be no denial of effective assistance of . . . counsel arising from [defense] counsel’s failure to ‘make a motion or argument that has little or no chance of success’ ” (People v Caban, 5 NY3d 143,152 [2005], quoting People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). “[T]he fact that [defendant] interposed an agency defense permitted the People to introduce evidence of [the other] drug sales” (People v Massey, 49 AD3d 462, 462 [2008], lv denied 10 NY3d 866 [2008]; see also People v Chaires, 171 AD2d 955, 956 [1991], lv denied 78 NY2d 963 [1991]).
discussed Cited "see, e.g." People v. Cash J.Y.
N.Y. App. Div. · 2009 · signal: see also · confidence low
Defendant failed to preserve for our review his contention that the conduct of the police officers constituted a de facto arrest for which they lacked probable cause (see People v Andrews, 57 AD3d 1428 [2008]; see also People v Massey, 49 AD3d 462 [2008] , lv denied 10 NY3d 866 [2008]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ronald Massey
Appellate Division of the Supreme Court of the State of New York.
Mar 27, 2008.
49 A.D.3d 462
Cited by 10 opinions  |  Published

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The account of the transaction given by the prosecution witnesses was at odds with defendant’s agency defense (see e.g. People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]), and defendant’s present argument rests on his own testimony, which the jury was entitled to reject. Defendant’s arguments concerning the resisting arrest conviction are without merit.

As defendant concedes, the fact that he interposed an agency defense permitted the People to introduce evidence of prior drug sales. We reject defendant’s argument that the court permitted elicitation of excessive and prejudicial details about his prior drug sale conviction. The challenged evidence was highly probative to refute his agency defense, and that probative value outweighed the potential for undue prejudice (see People v Castaneda, 173 AD2d 349, 350 [1991], lv denied 78 NY2d 963 [1991]), which the court minimized by means of a limiting instruction. Moreover, defendant specifically opened the door to inquiry into the facts of his prior case when, on cross-examination, he testified that he was innocent of the prior crime notwithstanding his guilty plea in that case.

The court properly denied defendant’s suppression motion. Defendant’s generalized argument that the police lacked probable cause for his arrest failed to preserve his present contentions (see People v Tutt, 38 NY2d 1011 [1976]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The hearing evidence warranted the conclusion that the arresting officer acted lawfully, pursuant to the fellow officer rule (see People v Ketcham, 93 NY2d 416 [1999]; People v Green, 2 AD3d 279 [2003], lv [*463] denied 2 NY3d 740 [2004]). Concur-Friedman, J.P., Gonzalez, McGuire and Moskowitz, JJ.