PEOPLE v. FRIAS


219 A.D.2d 479 (1995)

631 N.Y.S.2d 160

The People of the State of New York, Respondent, v. Jacob Frias, Appellant

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

September 7, 1995


As part of the proof with respect to the charge of selling crack and possessing it with intent to sell, the police officer testified on direct examination about a prior sale.

Counsel's alternative request for a limiting instruction should have been granted, and the failure to do so was prejudicial.

As this Court held in People v Celestino (201 A.D.2d 91, 97): "The fact that defense counsel never provided a proposed...

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