People v. Alvarez

Appellate Division of the Supreme Court of New York

People v. Alvarez

197 A.D.2d 403, 603 N.Y.S.2d 744, 1993 N.Y. App. Div. LEXIS 9485

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

DecidedOctober 12, 1993

StatusPublished

This text of 197 A.D.2d 403 (People v. Alvarez) 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. Alvarez, 197 A.D.2d 403, 603 N.Y.S.2d 744, 1993 N.Y. App. Div. LEXIS 9485 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Bernard Jackson, J.), rendered November 2, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620, 621), defendant’s guilt was proven beyond a reasonable doubt. Appellate counsel’s speculation that the purchaser "obtained the vial that he eventually placed in his mouth from some other source” is without any support in the record.

We have considered defendant’s remaining contentions and [404]*404find them to be without merit. Concur—Carro, J. P., Rosenberger, Ross and Asch, JJ.

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—Judgment, Supreme Court, New York County (Bernard Jackson, J.), rendered November 2, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620, 621), defendant’s guilt was proven beyond a reasonable doubt. Appellate counsel’s speculation that the purchaser "obtained the vial that he eventually placed in his mouth from some other source” is without any support in the record.

We have considered defendant’s remaining contentions and [404]*404find them to be without merit. Concur—Carro, J. P., Rosenberger, Ross and Asch, JJ.

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Bluebook (online)

197 A.D.2d 403, 603 N.Y.S.2d 744, 1993 N.Y. App. Div. LEXIS 9485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alvarez-nyappdiv-1993.

Opinion

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