People v. Keane

Appellate Division of the Supreme Court of New York

People v. Keane

304 A.D.2d 673, 757 N.Y.S.2d 487

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

DecidedApril 14, 2003

StatusPublished

This text of 304 A.D.2d 673 (People v. Keane) 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. Keane, 304 A.D.2d 673, 757 N.Y.S.2d 487 (N.Y. Ct. App. 2003).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 27, 2001, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

[674]*674Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Younger, 299 AD2d 431 [2002], lv denied 99 NY2d 566 [2002]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Santucci, J.P., Krausman, Crane and Mastro, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 27, 2001, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

[674]*674Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Younger, 299 AD2d 431 [2002], lv denied 99 NY2d 566 [2002]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Santucci, J.P., Krausman, Crane and Mastro, JJ., concur.

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Bluebook (online)

304 A.D.2d 673, 757 N.Y.S.2d 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-keane-nyappdiv-2003.

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