People v. Alexander

Appellate Division of the Supreme Court of New York

People v. Alexander

124 A.D.3d 557, 998 N.Y.S.2d 637

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

DecidedJanuary 29, 2015

Docket14082 687N/11

StatusPublished

This text of 124 A.D.3d 557 (People v. Alexander) 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 v. Alexander, 124 A.D.3d 557, 998 N.Y.S.2d 637 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered December 19, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminally using drug paraphernalia in the second degree and unlawfully dealing with a child in the first degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of eight years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. In addition to police testimony, there was evidence of recorded phone calls by defendant that can reasonably be interpreted as incriminating.

We perceive no basis for reducing the sentence.

Concur— Gonzalez, PJ., Friedman, Andrias, Gische and Kapnick, JJ.

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Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered December 19, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminally using drug paraphernalia in the second degree and unlawfully dealing with a child in the first degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of eight years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. In addition to police testimony, there was evidence of recorded phone calls by defendant that can reasonably be interpreted as incriminating.

We perceive no basis for reducing the sentence.

Concur— Gonzalez, PJ., Friedman, Andrias, Gische and Kapnick, JJ.

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Bluebook (online)

124 A.D.3d 557, 998 N.Y.S.2d 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alexander-nyappdiv-2015.

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