People v. Jenkins

Appellate Division of the Supreme Court of New York

People v. Jenkins

4 A.D.3d 308, 771 N.Y.S.2d 885

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

DecidedFebruary 26, 2004

StatusPublished

This text of 4 A.D.3d 308 (People v. Jenkins) 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. Jenkins, 4 A.D.3d 308, 771 N.Y.S.2d 885 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered May 20, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing her to a term of 1 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Defendant’s acquittal of the sale count does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]; People v Freeman, 298 AD2d 311 [2002], lv denied 99 NY2d 582 [2003]). Concur—Nardelli, J.P, Mazzarelli, Saxe and Lerner, JJ.

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Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered May 20, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing her to a term of 1 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Defendant’s acquittal of the sale count does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]; People v Freeman, 298 AD2d 311 [2002], lv denied 99 NY2d 582 [2003]). Concur—Nardelli, J.P, Mazzarelli, Saxe and Lerner, JJ.

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Bluebook (online)

4 A.D.3d 308, 771 N.Y.S.2d 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-nyappdiv-2004.

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