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People v. Holder

287 A.D.2d 739, 732 N.Y.S.2d 177, 2001 N.Y. App. Div. LEXIS 10074
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 29, 2001
StatusPublished

This text of 287 A.D.2d 739 (People v. Holder) 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. Holder, 287 A.D.2d 739, 732 N.Y.S.2d 177, 2001 N.Y. App. Div. LEXIS 10074 (N.Y. Ct. App. 2001).

Opinion

—Appeal by the de[740]*740fendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered September 14, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s contention that he was denied the effective assistance of counsel is without merit (see, People v Benevento, 91 NY2d 708; People v Flores, 84 NY2d 184; People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137; People v Wicker, 229 AD2d 602; People v Sullivan, 153 AD2d 223).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Bracken, P. J., McGinity, Luciano and Feuerstein, JJ., concur.

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Related

People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Gray
652 N.E.2d 919 (New York Court of Appeals, 1995)
People v. Flores
639 N.E.2d 19 (New York Court of Appeals, 1994)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Satterfield
488 N.E.2d 834 (New York Court of Appeals, 1985)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Sullivan
153 A.D.2d 223 (Appellate Division of the Supreme Court of New York, 1990)
People v. Wicker
229 A.D.2d 602 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
287 A.D.2d 739, 732 N.Y.S.2d 177, 2001 N.Y. App. Div. LEXIS 10074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holder-nyappdiv-2001.