People v. Dowery

Appellate Division of the Supreme Court of New York

People v. Dowery

293 A.D.2d 343, 740 N.Y.S.2d 193, 2002 N.Y. App. Div. LEXIS 3782

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

DecidedApril 16, 2002

StatusPublished

This text of 293 A.D.2d 343 (People v. Dowery) 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. Dowery, 293 A.D.2d 343, 740 N.Y.S.2d 193, 2002 N.Y. App. Div. LEXIS 3782 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered October 22, 1997, 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 4V2 to 9 years, unanimously affirmed.

[344]*344The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). We do not find the officer’s account of the incident to be implausible.

The court’s Sandoval ruling, which only permitted the People to elicit limited aspects of defendant’s extensive criminal history, balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Andrias, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered October 22, 1997, 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 4V2 to 9 years, unanimously affirmed.

[344]*344The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). We do not find the officer’s account of the incident to be implausible.

The court’s Sandoval ruling, which only permitted the People to elicit limited aspects of defendant’s extensive criminal history, balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459).

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Andrias, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

293 A.D.2d 343, 740 N.Y.S.2d 193, 2002 N.Y. App. Div. LEXIS 3782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dowery-nyappdiv-2002.

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