People v. Wright, 2 N.Y.3d 242 (2004)

Expert testimony regarding multi-member street-level narcotics operations is inadmissible when the evidence presented at trial indicates a single-person drug transaction, but the error can be harmless if there is overwhelming evidence of guilt.

Summary

Wright was convicted of criminal sale of a controlled substance. The prosecution introduced expert testimony on street-level narcotics operations, over Wright’s objection, even though the evidence showed Wright acted alone in the drug sale to an undercover officer. The New York Court of Appeals held that the trial court abused its discretion in admitting the expert testimony because it was irrelevant to the facts of the case, but deemed the error harmless due to overwhelming evidence of Wright’s guilt. The court emphasized that expert testimony is only appropriate when there’s evidence of a multi-person operation.

Facts

An undercover officer asked Wright for a “dime” (worth $10 of crack cocaine). Wright hesitated but then said, “I’ll hook you up.” The officer gave Wright $10, and Wright gave the officer a vial of crack cocaine. After the sale, the officer attempted to lead Wright to other team members, but Wright declined. The officer radioed a description of Wright to the field team. Wright was arrested nearby, and a matching vial of cocaine was found on him, but the prerecorded buy money was not. At trial, the undercover did not testify that Wright interacted with anyone else.

Procedural History

Wright was charged with and convicted of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree. The Appellate Division affirmed the conviction. Wright appealed to the New York Court of Appeals, arguing that the trial court improperly admitted expert testimony. The Court of Appeals affirmed the Appellate Division’s order.

Issue(s)

Whether the trial court abused its discretion by allowing expert testimony on street-level narcotics transactions when the evidence presented showed a single-person drug sale.

Holding

Yes, because no evidence existed that the transaction at issue involved anyone other than the defendant; however, the error was harmless.

Court’s Reasoning

The Court of Appeals relied on People v. Brown, which held that expert testimony on street-level narcotics transactions may be appropriate to explain the intricacies of drug sales to jurors. However, Brown cautioned that such testimony isn’t proper in every drug sale case. In Brown, the undercover officer testified about interactions with multiple individuals, providing a factual basis for the expert testimony. Here, the undercover testified that Wright acted alone. “[A]verage juror is [un]aware of the specialized terminology used in the course of narcotics street sales or the intricacies of how drugs and money are shuttled about in an effort to prevent their discovery and seizure by the police.” Nevertheless, expert testimony should not be admitted when there is no indication of a multi-person operation. The Court found the error harmless because of the overwhelming evidence of Wright’s guilt. The undercover officer gave detailed testimony, made a confirmatory identification, and narcotics were recovered from Wright. The Court quoted People v. Crimmins, stating that an error is harmless when “there is no significant probability that the jury would have acquitted the defendant had it not been for the error that occurred.” The arresting officer also testified, without objection, that not finding buy money is common, because the money is quickly hidden. The chemist confirmed that the vials contained cocaine. The court emphasized that this overwhelming evidence outweighed the improper admission of expert testimony.