People v. Baez

Appellate Division of the Supreme Court of New York

People v. Baez

262 A.D.2d 131, 691 N.Y.S.2d 762, 1999 N.Y. App. Div. LEXIS 6735

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

DecidedJune 15, 1999

StatusPublished

This text of 262 A.D.2d 131 (People v. Baez) 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. Baez, 262 A.D.2d 131, 691 N.Y.S.2d 762, 1999 N.Y. App. Div. LEXIS 6735 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County. (Marcy Kahn, J., at suppression hearing; Bonnie Wittner, J., at jury trial and sentence), rendered April 25, 1996, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no basis to disturb the hearing court’s credibility determinations. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We likewise see no reason to disturb the jury’s credibility determinations. Concur — Rosenberger, J. P., Tom, Rubin, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, New York County. (Marcy Kahn, J., at suppression hearing; Bonnie Wittner, J., at jury trial and sentence), rendered April 25, 1996, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no basis to disturb the hearing court’s credibility determinations. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We likewise see no reason to disturb the jury’s credibility determinations. Concur — Rosenberger, J. P., Tom, Rubin, Saxe and Buckley, JJ.

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Bluebook (online)

262 A.D.2d 131, 691 N.Y.S.2d 762, 1999 N.Y. App. Div. LEXIS 6735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baez-nyappdiv-1999.