People v. Glivens

Appellate Division of the Supreme Court of New York

People v. Glivens

298 A.D.2d 124, 747 N.Y.S.2d 383, 2002 N.Y. App. Div. LEXIS 9218

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

DecidedOctober 1, 2002

StatusPublished

This text of 298 A.D.2d 124 (People v. Glivens) 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. Glivens, 298 A.D.2d 124, 747 N.Y.S.2d 383, 2002 N.Y. App. Div. LEXIS 9218 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 19, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, 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 5V2 to 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and identification were properly considered by the jury and there is no basis upon which to disturb its determinations. There were reliable identifications of defendant by both the purchasing and “ghost” undercover officers.

We reject defendant’s contention seeking to dismiss the noninclusory concurrent count in the interest of justice.

We perceive no basis for a reduction of sentence.

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 — Nardelli, J.P., Buckley, Ellerin, Rubin and Friedman, JJ.

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Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 19, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, 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 5V2 to 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility and identification were properly considered by the jury and there is no basis upon which to disturb its determinations. There were reliable identifications of defendant by both the purchasing and “ghost” undercover officers.

We reject defendant’s contention seeking to dismiss the noninclusory concurrent count in the interest of justice.

We perceive no basis for a reduction of sentence.

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 — Nardelli, J.P., Buckley, Ellerin, Rubin and Friedman, JJ.

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Bluebook (online)

298 A.D.2d 124, 747 N.Y.S.2d 383, 2002 N.Y. App. Div. LEXIS 9218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-glivens-nyappdiv-2002.