PEOPLE v. LEE WILLIAMS


112 A.D.2d 1017 (1985)

The People of the State of New York, Respondent, v. Jay Lee Williams, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 12, 1985


Judgment affirmed.

Although our review of the record indicates that the prosecutor improperly elicited testimony concerning defendant's alleged possession of a controlled substance which was not charged in the indictment, we note that defendant's opening referred to the defense of entrapment. Additionally we find that there was no significant probability that the jury would have acquitted defendant had the error not occurred (cf. People v Calvano,

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