| People v Bowens |
| 2025 NY Slip Op 02016 [237 AD3d 442] |
| April 3, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Kilrail Bowens, Appellant. |
Twyla Carter, The Legal Aid Society, New York (Frank Xiao of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Faith DiTrolio of counsel), for respondent.
Crimes
- Evidence
- Credibility of Undercover Officer Witness
- Testimony after Refreshing Recollection
Judgment, Supreme Court, New York County (Robert Mandelbaum, J.), rendered March 29, 2019, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, three counts of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third and fourth degrees and three counts of criminally using drug paraphernalia in the second degree, and sentencing him to an aggregate term of six years, unanimously affirmed.
Defendant's argument that the undercover officer had no recollection of three of the charged drug sales and therefore that the verdicts as to these counts were against the weight of the evidence finds no support in the record. The record shows that the undercover officer testified credibly and in detail after refreshing her recollection (see People v Boyd, 58 NY2d 1016, 1018 [1983]). Concur—Manzanet-Daniels, J.P., Moulton, Gesmer, Pitt-Burke, Michael, JJ.