People v. Deacon

Appellate Division of the Supreme Court of New York

People v. Deacon

74 A.D.3d 1816, 902 N.Y.S.2d 491

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

DecidedJune 11, 2010

StatusPublished

This text of 74 A.D.3d 1816 (People v. Deacon) 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. Deacon, 74 A.D.3d 1816, 902 N.Y.S.2d 491 (N.Y. Ct. App. 2010).

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Opinion

Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered July 11, 2007. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal possession of a controlled substance in the fourth degree (§ 220.09 [1]). Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). In addition, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495). Present—Smith, J.P., Fahey, Carni, Green and Gorski, JJ.

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Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered July 11, 2007. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal possession of a controlled substance in the fourth degree (§ 220.09 [1]). Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). In addition, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495). Present—Smith, J.P., Fahey, Carni, Green and Gorski, JJ.

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Bluebook (online)

74 A.D.3d 1816, 902 N.Y.S.2d 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deacon-nyappdiv-2010.

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