People v. Benton

Appellate Division of the Supreme Court of New York

People v. Benton

290 A.D.2d 395, 737 N.Y.S.2d 268, 2002 N.Y. App. Div. LEXIS 894

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

DecidedJanuary 31, 2002

StatusPublished

This text of 290 A.D.2d 395 (People v. Benton) 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. Benton, 290 A.D.2d 395, 737 N.Y.S.2d 268, 2002 N.Y. App. Div. LEXIS 894 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 26, 2000, convicting defendant, after a jury trial, of three counts of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in the testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The credible testimony of the observing officer clearly established that defendant sold drugs to three apprehended buyers. Concur — Williams, J.P., Ellerin, Lerner, Rubin and Marlow, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 26, 2000, convicting defendant, after a jury trial, of three counts of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in the testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The credible testimony of the observing officer clearly established that defendant sold drugs to three apprehended buyers. Concur — Williams, J.P., Ellerin, Lerner, Rubin and Marlow, JJ.

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Bluebook (online)

290 A.D.2d 395, 737 N.Y.S.2d 268, 2002 N.Y. App. Div. LEXIS 894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benton-nyappdiv-2002.

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