People v. Jamison

Appellate Division of the Supreme Court of New York

People v. Jamison

211 A.D.2d 440, 621 N.Y.S.2d 859, 1995 N.Y. App. Div. LEXIS 174

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

DecidedJanuary 10, 1995

StatusPublished

This text of 211 A.D.2d 440 (People v. Jamison) 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. Jamison, 211 A.D.2d 440, 621 N.Y.S.2d 859, 1995 N.Y. App. Div. LEXIS 174 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered June 30, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the People, we find that the evidence was legally sufficient to support defendant’s conviction (People v Contes, 60 NY2d 620, 621), and that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Questions relating to witness credibility and the weight to be given particular testimony are for the jury, which saw and heard the witnesses, and its findings, supported by the record, will not be disturbed by this Court (People v Siu Wah Tse, 91 AD2d 350, 352). Defendant’s other contention that the People failed to establish a proper chain of custody for the vial of lysergic acid diethylamide (LSD) is not preserved for appellate review as a matter of law (CPL 470.05 [2]; People v Olin, 186 AD2d 74, 75), and we decline to review it in the interest of justice. If we were to review it, we would find that the People provided reasonable assurances of the identity and unchanged condition of this evidence (People v Julian, 41 NY2d 340, 343). Concur—Sullivan, J. P., Ellerin, Kupferman and Asch, JJ.

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Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered June 30, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the People, we find that the evidence was legally sufficient to support defendant’s conviction (People v Contes, 60 NY2d 620, 621), and that the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Questions relating to witness credibility and the weight to be given particular testimony are for the jury, which saw and heard the witnesses, and its findings, supported by the record, will not be disturbed by this Court (People v Siu Wah Tse, 91 AD2d 350, 352). Defendant’s other contention that the People failed to establish a proper chain of custody for the vial of lysergic acid diethylamide (LSD) is not preserved for appellate review as a matter of law (CPL 470.05 [2]; People v Olin, 186 AD2d 74, 75), and we decline to review it in the interest of justice. If we were to review it, we would find that the People provided reasonable assurances of the identity and unchanged condition of this evidence (People v Julian, 41 NY2d 340, 343). Concur—Sullivan, J. P., Ellerin, Kupferman and Asch, JJ.

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Bluebook (online)

211 A.D.2d 440, 621 N.Y.S.2d 859, 1995 N.Y. App. Div. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jamison-nyappdiv-1995.

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