THE PEOPLE & C., RESPONDENTS, v. LORENZO BLAKENLY, APPELLANT.
88 N.Y.2d 1011, 671 N.E.2d 1269, 648 N.Y.S.2d 872 (1996).
September 19, 1996
1 No. 287 SSM 25 (1996 NY Int. 175)
Decided September 19, 1996
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Douglas W. Henkin, for Appellant.
Submitted by David L. Jaffe, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
On November 4, 1992, defendant Lorenzo Blakeney was arrested with
co-defendant Shakira Fleming for allegedly selling crack cocaine to an
undercover police officer. Twelve days later, on November 16, 1992,
defendant was again arrested with Fleming for allegedly committing the
nearly identical offense at almost the identical location.
After a jury trial, Supreme Court found defendant guilty of criminal
sale of a controlled substance in the third degree and sentenced
defendant to an indeterminate term of imprisonment from a minimum of
five and one-half years to a maximum of eleven years. The Appellate
Division, with one justice dissenting, affirmed. We now affirm.
Defendant's claim that he had never seen or known Fleming before his
arrest on November 4, 1992, when the arresting officer directed that
she be brought to stand next to defendant, opened the door to evidence
tending to disprove his account. Thus, it rendered the People's
questions regarding the subsequent arrest with Fleming on November 16,
1992 relevant for "contradiction and response" with respect to the
September 12, 1996 existence of their relationship and not simply to
impeach his general credibility (see People v Betts, 70 NY2d 289,
295). The courts below did not err in holding that the defense
counsel's conduct during summation was not incompetent (see People v
Satterfield, 66 NY2d 796, 799-800). Defendant's claims that Supreme
Court displayed prosecutorial bias and impermissibly shifted the
burden of proof away from the People in the jury charge are
unpreserved for this Court's review.
The defendant's remaining claims have been considered and are without
SNIPPETS:
THE PEOPLE & C., RESPONDENTS, v. LORENZO BLAKENLY, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
On November 4, 1992, defendant Lorenzo Blakeney was arrested with co-defendant Shakira
After a jury trial, Supreme Court found defendant guilty of criminal sale of a controlled
The Appellate Division, with one justice dissenting, affirmed.
We now affirm.
Defendant's claim that he had never seen or known Fleming before his arrest on November 4,
Thus, it rendered the People's questions regarding the subsequent arrest with Fleming on
The courts below did not err in holding that the defense counsel's conduct during summation
Defendant's claims that Supreme Court displayed prosecutorial bias and impermissibly shifted
The defendant's remaining claims have been considered and are without merit.
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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