People v. Cury

Appellate Division of the Supreme Court of New York

People v. Cury

292 A.D.2d 220, 738 N.Y.S.2d 567, 2002 N.Y. App. Div. LEXIS 2423

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

DecidedMarch 12, 2002

StatusPublished

This text of 292 A.D.2d 220 (People v. Cury) 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. Cury, 292 A.D.2d 220, 738 N.Y.S.2d 567, 2002 N.Y. App. Div. LEXIS 2423 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (James Yates, J.), rendered September 8, 1999, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of ÍV2 to 9 years, unanimously affirmed.

The verdict.was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the court’s determinations concerning identification. The undercover officer, who had ample time to observe the seller, radioed a detailed description that defendant matched, and made a prompt and reliable identification. Concur — Saxe, J.P., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Judgment, Supreme Court, New York County (James Yates, J.), rendered September 8, 1999, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of ÍV2 to 9 years, unanimously affirmed.

The verdict.was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the court’s determinations concerning identification. The undercover officer, who had ample time to observe the seller, radioed a detailed description that defendant matched, and made a prompt and reliable identification. Concur — Saxe, J.P., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Bluebook (online)

292 A.D.2d 220, 738 N.Y.S.2d 567, 2002 N.Y. App. Div. LEXIS 2423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cury-nyappdiv-2002.

Opinion

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