People v. De La Rosa

Appellate Division of the Supreme Court of New York

People v. De La Rosa

133 A.D.2d 122, 518 N.Y.S.2d 360, 1987 N.Y. App. Div. LEXIS 49640

Appellate Division of the Supreme Court of the State of New York·Decided August 10, 1987·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered February 21, 1985, convicting him of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it is sufficient as a matter of law to support the defendant’s conviction for aiding and abetting in the sale of over nine ounces of cocaine (see, Penal Law § 15.05 [2]; §§ 20.00, 220.00 [1]; People v Barnes, 50 NY2d 375, 381). Moreover, upon the exercise of our factual review power, we [123] are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review (see, People v Nuccie, 57 NY2d 818, 819) or without merit (see, People v Carter, 63 NY2d 530, 539; People v Davis, 44 NY2d 269, 277; People v Julian, 41 NY2d 340, 342-343; People v Piazza, 121 AD2d 573, 574, lv denied 68 NY2d 916). Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered February 21, 1985, convicting him of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it is sufficient as a matter of law to support the defendant’s conviction for aiding and abetting in the sale of over nine ounces of cocaine (see, Penal Law § 15.05 [2]; §§ 20.00, 220.00 [1]; People v Barnes, 50 NY2d 375, 381). Moreover, upon the exercise of our factual review power, we [123] are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review (see, People v Nuccie, 57 NY2d 818, 819) or without merit (see, People v Carter, 63 NY2d 530, 539; People v Davis, 44 NY2d 269, 277; People v Julian, 41 NY2d 340, 342-343; People v Piazza, 121 AD2d 573, 574, lv denied 68 NY2d 916). Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.

People v. De La Rosa, 133 A.D.2d 122, 518 N.Y.S.2d 360, 1987 N.Y. App. Div. LEXIS 49640 (N.Y. Ct. App. 1987).

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