People v. Jones

Appellate Division of the Supreme Court of New York

People v. Jones

2 A.D.3d 156, 767 N.Y.S.2d 625, 2 A.D.2d 285, 768 N.Y.S.2d 596, 2003 N.Y. App. Div. LEXIS 12869

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

DecidedDecember 4, 2003

StatusPublished

This text of 2 A.D.3d 156 (People v. Jones) 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.

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People v. Jones, 2 A.D.3d 156, 767 N.Y.S.2d 625, 2 A.D.2d 285, 768 N.Y.S.2d 596, 2003 N.Y. App. Div. LEXIS 12869 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 3, 2002, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The court’s verdict, which rejected defendant’s agency defense, was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evi[157]*157dence established that defendant acted for his own benefit in promoting and negotiating the sale (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]). Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 3, 2002, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The court’s verdict, which rejected defendant’s agency defense, was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evi[157]*157dence established that defendant acted for his own benefit in promoting and negotiating the sale (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]). Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Bluebook (online)

2 A.D.3d 156, 767 N.Y.S.2d 625, 2 A.D.2d 285, 768 N.Y.S.2d 596, 2003 N.Y. App. Div. LEXIS 12869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-nyappdiv-2003.

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