People v. Keating

Appellate Division of the Supreme Court of New York

People v. Keating

301 A.D.2d 466, 753 N.Y.S.2d 833, 2003 N.Y. App. Div. LEXIS 632

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

DecidedJanuary 28, 2003

StatusPublished

This text of 301 A.D.2d 466 (People v. Keating) 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. Keating, 301 A.D.2d 466, 753 N.Y.S.2d 833, 2003 N.Y. App. Div. LEXIS 632 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, New York County (Renee White, J.), rendered April 17, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including defendant’s assertion that the officer’s observations were physically impossible, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Bleakley, 69 NY2d 490).

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Renee White, J.), rendered April 17, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including defendant’s assertion that the officer’s observations were physically impossible, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Bleakley, 69 NY2d 490).

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 466, 753 N.Y.S.2d 833, 2003 N.Y. App. Div. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-keating-nyappdiv-2003.

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