People v. Calderon

Appellate Division of the Supreme Court of New York

People v. Calderon

5 A.D.3d 276, 774 N.Y.S.2d 678

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

DecidedMarch 23, 2004

StatusPublished

Cited by1 cases

This text of 5 A.D.3d 276 (People v. Calderon) 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. Calderon, 5 A.D.3d 276, 774 N.Y.S.2d 678 (N.Y. Ct. App. 2004).

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Opinion

Appeal from judgment, Supreme Court, New York County (William Wetzel, J.), rendered February 10, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 41/2 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in event of affirmance (see People v Reyes, 292 AD2d 271 [2002], lv denied 98 NY2d 701 [2002]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning identification and credibility. Concur—Nardelli, J.P., Mazzarelli, Saxe and Friedman, JJ.

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Appeal from judgment, Supreme Court, New York County (William Wetzel, J.), rendered February 10, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 41/2 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in event of affirmance (see People v Reyes, 292 AD2d 271 [2002], lv denied 98 NY2d 701 [2002]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning identification and credibility. Concur—Nardelli, J.P., Mazzarelli, Saxe and Friedman, JJ.

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Bluebook (online)

5 A.D.3d 276, 774 N.Y.S.2d 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calderon-nyappdiv-2004.

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