| People v Overton |
| 2009 NY Slip Op 07758 [66 AD3d 604] |
| October 29, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v James Overton, Appellant. |
—[*1]
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered November26, 2007, convicting defendant, after a jury trial, of criminal possession of a weapon in the thirddegree (two counts), criminal possession of a controlled substance in the third and fifth degrees,criminal possession of a weapon in the fourth degree, and bail jumping, and sentencing him to anaggregate term of nine years for the drug and weapon convictions, consecutive to a term of 1 to 3years for the bail jumping conviction, unanimously affirmed.
Since defendant objected on different grounds from those he raises on appeal, he has notpreserved his present challenge to the introduction into evidence of a letter found on his personthat contained instructions for completing a particular drug transaction, and we decline to reviewit in the interest of justice. As an alternative holding, we also reject it on the merits. The letterwas not hearsay, since it was not received for the truth of its contents, but to demonstratedefendant's intent to sell the drugs he possessed. The letter was intended to convey instructions,not assertions of fact (see People v Mixon, 292 AD2d 177 [2002], lv denied 98NY2d 678 [2002]).[*2]
The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d45 [2009]).
We perceive no basis for reducing the sentence. Concur—Sweeney, J.P., Buckley,DeGrasse, Freedman and Abdus-Salaam, JJ.