People of State of New York v. Downs

Appellate Division of the Supreme Court of New York

People of State of New York v. Downs

274 A.D.2d 522, 712 N.Y.S.2d 389, 2000 N.Y. App. Div. LEXIS 8148

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 24, 2000

StatusPublished

This text of 274 A.D.2d 522 (People of State of New York v. Downs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of State of New York v. Downs, 274 A.D.2d 522, 712 N.Y.S.2d 389, 2000 N.Y. App. Div. LEXIS 8148 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Westchester [523]*523County (Perone, J.), rendered April 30, 1998, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish his guilt beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Joy, J. P., S. Miller, Luciano and Smith, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Westchester [523]*523County (Perone, J.), rendered April 30, 1998, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish his guilt beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Joy, J. P., S. Miller, Luciano and Smith, JJ., concur.

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Bluebook (online)

274 A.D.2d 522, 712 N.Y.S.2d 389, 2000 N.Y. App. Div. LEXIS 8148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-state-of-new-york-v-downs-nyappdiv-2000.

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