PEOPLE v. SMILEY

2008-05919.

73 A.D.3d 1096 (2010)

900 N.Y.S.2d 677

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK SMILEY, Appellant.

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

Decided May 18, 2010.


Ordered that the judgment is affirmed.

The defendant's contention that the arresting detective should not have been allowed to testify as an expert is unpreserved for appellate review (see CPL 470.05 [2]), and we decline to review that contention in the exercise of our interest of justice jurisdiction.

Contrary to the defendant's contention, the jury verdict was not inconsistent. Inasmuch as possession is not a necessary element of criminal sale of...

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