People v. Howard

Appellate Division of the Supreme Court of New York

People v. Howard

246 A.D.2d 307, 666 N.Y.S.2d 414, 1998 N.Y. App. Div. LEXIS 11

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

DecidedJanuary 6, 1998

StatusPublished

This text of 246 A.D.2d 307 (People v. Howard) 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. Howard, 246 A.D.2d 307, 666 N.Y.S.2d 414, 1998 N.Y. App. Div. LEXIS 11 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 9, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There was ample evidence, including defendant’s salesmanlike conduct before and after the sale, to establish that defendant intentionally participated in the sale rather than that he merely advised the undercover officer where drugs could be purchased (see, People v Rivera, 241 AD2d 305). Concur—Sullivan, J. P., Rosenberger, Wallach, Rubin and Tom, JJ.

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Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 9, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There was ample evidence, including defendant’s salesmanlike conduct before and after the sale, to establish that defendant intentionally participated in the sale rather than that he merely advised the undercover officer where drugs could be purchased (see, People v Rivera, 241 AD2d 305). Concur—Sullivan, J. P., Rosenberger, Wallach, Rubin and Tom, JJ.

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Bluebook (online)

246 A.D.2d 307, 666 N.Y.S.2d 414, 1998 N.Y. App. Div. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howard-nyappdiv-1998.

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