People v. Flores

Appellate Division of the Supreme Court of New York

People v. Flores

181 A.D.2d 550, 581 N.Y.S.2d 724, 1992 N.Y. App. Div. LEXIS 3792, 58 Fair Empl. Prac. Cas. (BNA) 912

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

DecidedMarch 19, 1992

StatusPublished

This text of 181 A.D.2d 550 (People v. Flores) 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. Flores, 181 A.D.2d 550, 581 N.Y.S.2d 724, 1992 N.Y. App. Div. LEXIS 3792, 58 Fair Empl. Prac. Cas. (BNA) 912 (N.Y. Ct. App. 1992).

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Opinion

— Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered September [551]*5514, 1990, 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 predicate felony officer to concurrent terms of imprisonment of 5 to 10 years, unanimously affirmed.

Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Defendant has not demonstrated that the jury failed to accord the evidence its proper weight, and the jury was entitled to reject defendant’s account of the incident. (People v Siu Wah Tse, 91 AD2d 350, 352.) Defendant’s argument that comments made by the prosecutor during summation deprived him of a fair trial is unpreserved (CPL 470.05 [2]), and, in any event, without merit (People v Galloway, 54 NY2d 396). Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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— Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered September [551]*5514, 1990, 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 predicate felony officer to concurrent terms of imprisonment of 5 to 10 years, unanimously affirmed.

Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Defendant has not demonstrated that the jury failed to accord the evidence its proper weight, and the jury was entitled to reject defendant’s account of the incident. (People v Siu Wah Tse, 91 AD2d 350, 352.) Defendant’s argument that comments made by the prosecutor during summation deprived him of a fair trial is unpreserved (CPL 470.05 [2]), and, in any event, without merit (People v Galloway, 54 NY2d 396). Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

181 A.D.2d 550, 581 N.Y.S.2d 724, 1992 N.Y. App. Div. LEXIS 3792, 58 Fair Empl. Prac. Cas. (BNA) 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flores-nyappdiv-1992.

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