People v. Harris

Appellate Division of the Supreme Court of New York

People v. Harris

279 A.D.2d 325, 718 N.Y.S.2d 840, 2001 N.Y. App. Div. LEXIS 469

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

DecidedJanuary 16, 2001

StatusPublished

This text of 279 A.D.2d 325 (People v. Harris) 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. Harris, 279 A.D.2d 325, 718 N.Y.S.2d 840, 2001 N.Y. App. Div. LEXIS 469 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered December 9, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 3 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence imposed to a term of 2 to 6 years, and otherwise affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility and identification.

[326]*326We find the sentence imposed to be excessive to the extent indicated. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Rubin and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered December 9, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 3 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence imposed to a term of 2 to 6 years, and otherwise affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility and identification.

[326]*326We find the sentence imposed to be excessive to the extent indicated. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Rubin and Saxe, JJ.

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Bluebook (online)

279 A.D.2d 325, 718 N.Y.S.2d 840, 2001 N.Y. App. Div. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harris-nyappdiv-2001.