People v. Harvey

Appellate Division of the Supreme Court of New York

People v. Harvey

235 A.D.2d 325, 652 N.Y.S.2d 960, 1997 N.Y. App. Div. LEXIS 485

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

DecidedJanuary 23, 1997

StatusPublished

This text of 235 A.D.2d 325 (People v. Harvey) 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. Harvey, 235 A.D.2d 325, 652 N.Y.S.2d 960, 1997 N.Y. App. Div. LEXIS 485 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered December 9, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings (People v Gaimari, 176 NY 84).

Defendant was properly sentenced as a second felony offender, having failed to establish that her Pennsylvania conviction was unconstitutionally obtained (see, People v Harris, 61 NY2d 9, 15-16). We agree with the sentencing court that defendant’s Pennsylvania conviction met the required standard for acceptance of an Alford (North Carolina v Alford, 400 US 25) plea (see, People v Friedman, 39 NY2d 463). Concur— Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered December 9, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings (People v Gaimari, 176 NY 84).

Defendant was properly sentenced as a second felony offender, having failed to establish that her Pennsylvania conviction was unconstitutionally obtained (see, People v Harris, 61 NY2d 9, 15-16). We agree with the sentencing court that defendant’s Pennsylvania conviction met the required standard for acceptance of an Alford (North Carolina v Alford, 400 US 25) plea (see, People v Friedman, 39 NY2d 463). Concur— Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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Bluebook (online)

235 A.D.2d 325, 652 N.Y.S.2d 960, 1997 N.Y. App. Div. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harvey-nyappdiv-1997.

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