People v. Diaz

Appellate Division of the Supreme Court of New York

People v. Diaz

302 A.D.2d 267, 753 N.Y.S.2d 836, 2003 N.Y. App. Div. LEXIS 1520

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

DecidedFebruary 20, 2003

StatusPublished

This text of 302 A.D.2d 267 (People v. Diaz) 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. Diaz, 302 A.D.2d 267, 753 N.Y.S.2d 836, 2003 N.Y. App. Div. LEXIS 1520 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 15, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning credibility and the officer’s ability to observe the transaction were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). Concur — Tom, J.P., Mazzarelli, Ellerin, Williams and Marlow, JJ.

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Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 15, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning credibility and the officer’s ability to observe the transaction were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). Concur — Tom, J.P., Mazzarelli, Ellerin, Williams and Marlow, JJ.

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Bluebook (online)

302 A.D.2d 267, 753 N.Y.S.2d 836, 2003 N.Y. App. Div. LEXIS 1520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-nyappdiv-2003.

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