 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
MEMORANDUM TRIAL COURT MOTION RESPONDENT DEFENDANT APPEALS DENYING JUDGE SCALE DRUG OPERATION ARGUES STIPULATION JURY STATING ABUSE DISCRETION MATTER LAW ROBINSON NY2D SEVERANCE ALLEN CHARGE UNITED STATES MERIT CHIEF JUDGE KAYE JUDGES SMITH LEVINE CIPARICK WESLEY ROSENBLATT GRAFFEO CONCUR |
1 No. 88
The People &c.,
Respondent,
v.
Linwood Collins,
Appellant.
_________________________________________________________________
2001 NY Int. 64
June 5, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Evan H. Krinick, for appellant.
Vincent Rivellese, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed.
Defendant appeals his conviction of conspiracy in the first degree
arising from his alleged participation in a large- scale drug
operation. On appeal he argues that the trial court erred in denying
his motion for a mistrial after a "stipulation" was read to the jury
stating that defendant was incarcerated from February 19, 1992 to the
date of trial about two and a half years later. On this record we
conclude that the trial court did not abuse its discretion as a matter
of law by denying the motion for a mistrial (see, People v Robinson, ,
93 NY2d 986, 987-988). Defendant's arguments with respect to the
denial of his motion for severance and the Allen charge (Allen v
United States, 164 US 492) are without merit. His remaining
arguments are unpreserved.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith,
Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
Decided June 5, 2001
SNIPPETS:
|
|
|
| | | |
|
|
