People v. Brooks

Appellate Division of the Supreme Court of New York

People v. Brooks

279 A.D.2d 429, 719 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 900

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

DecidedJanuary 30, 2001

StatusPublished

Cited by1 cases

This text of 279 A.D.2d 429 (People v. Brooks) 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. Brooks, 279 A.D.2d 429, 719 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 900 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered February 5, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 4 to 12 years and 2 to 6 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Defendant’s [430]*430reliance upon trial testimony in attacking the suppression ruling is inappropriate because defendant did not seek to reopen the hearing based upon the testimony adduced at trial (see, People v Gonzalez, 55 NY2d 720, 721-722).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. Concur — Williams, J. P., Mazzarelli, Lerner, Rubin and Buckley, JJ.

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Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered February 5, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 4 to 12 years and 2 to 6 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Defendant’s [430]*430reliance upon trial testimony in attacking the suppression ruling is inappropriate because defendant did not seek to reopen the hearing based upon the testimony adduced at trial (see, People v Gonzalez, 55 NY2d 720, 721-722).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. Concur — Williams, J. P., Mazzarelli, Lerner, Rubin and Buckley, JJ.

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Bluebook (online)

279 A.D.2d 429, 719 N.Y.S.2d 848, 2001 N.Y. App. Div. LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brooks-nyappdiv-2001.

Opinion

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