People v. Jozic

Appellate Division of the Supreme Court of New York

People v. Jozic

120 A.D.2d 841, 502 N.Y.S.2d 112, 1986 N.Y. App. Div. LEXIS 56954

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

DecidedMay 8, 1986

StatusPublished

Cited by1 cases

This text of 120 A.D.2d 841 (People v. Jozic) 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. Jozic, 120 A.D.2d 841, 502 N.Y.S.2d 112, 1986 N.Y. App. Div. LEXIS 56954 (N.Y. Ct. App. 1986).

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Opinion

— Main, J.

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered June [842]*84210, 1985, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree (two counts).

Defendant was indicted and charged with two counts of criminal possession of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the third degree. At trial, a police officer testified that, while acting as an undercover agent, he purchased from defendant, on two separate occasions, a substance identified in court by State Police forensic scientists as cocaine. Viewing such evidence in a light most favorable to the People (see, People v Kennedy, 47 NY2d 196, 203; People v Hoffman, 112 AD2d 588, 589), we find ample basis in the record to support the jury’s finding that defendant was guilty of both the criminal possession counts (see, People v Gaddy, 94 AD2d 892) and the criminal sale counts (see, People v Pray, 99 AD2d 915). Accordingly, we reject defendant’s sole appellate argument that the evidence adduced at trial was insufficient to support the jury’s verdict.

Judgment affirmed. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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— Main, J.

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered June [842]*84210, 1985, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree (two counts).

Defendant was indicted and charged with two counts of criminal possession of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the third degree. At trial, a police officer testified that, while acting as an undercover agent, he purchased from defendant, on two separate occasions, a substance identified in court by State Police forensic scientists as cocaine. Viewing such evidence in a light most favorable to the People (see, People v Kennedy, 47 NY2d 196, 203; People v Hoffman, 112 AD2d 588, 589), we find ample basis in the record to support the jury’s finding that defendant was guilty of both the criminal possession counts (see, People v Gaddy, 94 AD2d 892) and the criminal sale counts (see, People v Pray, 99 AD2d 915). Accordingly, we reject defendant’s sole appellate argument that the evidence adduced at trial was insufficient to support the jury’s verdict.

Judgment affirmed. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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120 A.D.2d 841, 502 N.Y.S.2d 112, 1986 N.Y. App. Div. LEXIS 56954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jozic-nyappdiv-1986.

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