People v. Gibbs

Appellate Division of the Supreme Court of New York

People v. Gibbs

23 A.D.3d 313, 806 N.Y.S.2d 473

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

DecidedNovember 29, 2005

StatusPublished

This text of 23 A.D.3d 313 (People v. Gibbs) 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. Gibbs, 23 A.D.3d 313, 806 N.Y.S.2d 473 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered March 23, 2004, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence warranted the conclusion that defendant was a participant in a drug transaction (see e.g. People v Reynoso, 283 AD2d 195 [2001], lv denied 96 NY2d 923 [2001]), and that he knew the contents of a shopping bag that he received during the sale (see People v Reisman, 29 NY2d 278, 285-286 [1971], cert denied 405 US 1041 [1972]). Concur—Friedman, J.P., Sullivan, Nardelli, Williams and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered March 23, 2004, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence warranted the conclusion that defendant was a participant in a drug transaction (see e.g. People v Reynoso, 283 AD2d 195 [2001], lv denied 96 NY2d 923 [2001]), and that he knew the contents of a shopping bag that he received during the sale (see People v Reisman, 29 NY2d 278, 285-286 [1971], cert denied 405 US 1041 [1972]). Concur—Friedman, J.P., Sullivan, Nardelli, Williams and Sweeny, JJ.

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Bluebook (online)

23 A.D.3d 313, 806 N.Y.S.2d 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gibbs-nyappdiv-2005.

Opinion

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