People v. Laster

Appellate Division of the Supreme Court of New York

People v. Laster

257 A.D.2d 579, 682 N.Y.S.2d 895, 1999 N.Y. App. Div. LEXIS 103

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

DecidedJanuary 11, 1999

StatusPublished

This text of 257 A.D.2d 579 (People v. Laster) 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. Laster, 257 A.D.2d 579, 682 N.Y.S.2d 895, 1999 N.Y. App. Div. LEXIS 103 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered December 9, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he sold a bag of cocaine to an undercover police officer is unpreserved for appellate review [580]*580(see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), 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]). Sullivan, J. P., Krausman, Goldstein and Luciano, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered December 9, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he sold a bag of cocaine to an undercover police officer is unpreserved for appellate review [580]*580(see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), 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]). Sullivan, J. P., Krausman, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

257 A.D.2d 579, 682 N.Y.S.2d 895, 1999 N.Y. App. Div. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-laster-nyappdiv-1999.

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