People v. Castro

Appellate Division of the Supreme Court of New York

People v. Castro

248 A.D.2d 210, 669 N.Y.S.2d 821, 1998 N.Y. App. Div. LEXIS 2420

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

DecidedMarch 12, 1998

StatusPublished

This text of 248 A.D.2d 210 (People v. Castro) 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. Castro, 248 A.D.2d 210, 669 N.Y.S.2d 821, 1998 N.Y. App. Div. LEXIS 2420 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered June 1, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed. Judgment, same court and Justice, rendered June 1, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a concurrent term of 4V2 to 9 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There was ample evidence of defendant’s participation in the sale, and we see no reason to disturb the jury’s credibility determinations. Defendant failed to preserve his current challenges to the prosecutor’s summation comments and we decline to review these claims in the interest of justice. Were we to review them, we would find that the challenged remarks were proper responses to the defense summation (People v Galloway, 54 NY2d 396, 401).

Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered June 1, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed. Judgment, same court and Justice, rendered June 1, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a concurrent term of 4V2 to 9 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There was ample evidence of defendant’s participation in the sale, and we see no reason to disturb the jury’s credibility determinations. Defendant failed to preserve his current challenges to the prosecutor’s summation comments and we decline to review these claims in the interest of justice. Were we to review them, we would find that the challenged remarks were proper responses to the defense summation (People v Galloway, 54 NY2d 396, 401).

Concur — Ellerin, J. P., Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

248 A.D.2d 210, 669 N.Y.S.2d 821, 1998 N.Y. App. Div. LEXIS 2420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castro-nyappdiv-1998.

Opinion

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