People v. Ferrer

Appellate Division of the Supreme Court of New York

People v. Ferrer

262 A.D.2d 72, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6464

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

DecidedJune 10, 1999

StatusPublished

This text of 262 A.D.2d 72 (People v. Ferrer) 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. Ferrer, 262 A.D.2d 72, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6464 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered May 22, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations.

The court’s summary denial of defendant’s suppression motion was proper. Since the felony complaint alleged that the police had observed defendant making a drug sale immediately prior to his arrest, his conclusory allegation that he had not been involved in any criminal activity did not raise a factual issue warranting a hearing (see, People v Mendoza, 82 NY2d 415, 428-429). Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered May 22, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations.

The court’s summary denial of defendant’s suppression motion was proper. Since the felony complaint alleged that the police had observed defendant making a drug sale immediately prior to his arrest, his conclusory allegation that he had not been involved in any criminal activity did not raise a factual issue warranting a hearing (see, People v Mendoza, 82 NY2d 415, 428-429). Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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Bluebook (online)

262 A.D.2d 72, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrer-nyappdiv-1999.

Opinion

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