People v. Leak

Appellate Division of the Supreme Court of New York

People v. Leak

264 A.D.2d 857, 695 N.Y.S.2d 710, 1999 N.Y. App. Div. LEXIS 9369

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

DecidedSeptember 27, 1999

StatusPublished

This text of 264 A.D.2d 857 (People v. Leak) 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. Leak, 264 A.D.2d 857, 695 N.Y.S.2d 710, 1999 N.Y. App. Div. LEXIS 9369 (N.Y. Ct. App. 1999).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered April 8, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was charged, inter alia, with criminal sale of a controlled substance in the third degree, after he sold drugs to a confidential informant. The sale was recorded on videotape. Viewing the evidence in the light most favorable to the prose[858]*858cution (see, People v Contes, 60 NY2d 620), 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]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Thompson, Altman and Fried-mann, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered April 8, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was charged, inter alia, with criminal sale of a controlled substance in the third degree, after he sold drugs to a confidential informant. The sale was recorded on videotape. Viewing the evidence in the light most favorable to the prose[858]*858cution (see, People v Contes, 60 NY2d 620), 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]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Thompson, Altman and Fried-mann, JJ., concur.

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Bluebook (online)

264 A.D.2d 857, 695 N.Y.S.2d 710, 1999 N.Y. App. Div. LEXIS 9369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leak-nyappdiv-1999.

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