People v. Lozano

Appellate Division of the Supreme Court of New York

People v. Lozano

216 A.D.2d 95, 627 N.Y.S.2d 925, 1995 N.Y. App. Div. LEXIS 6343

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

DecidedJune 15, 1995

StatusPublished

This text of 216 A.D.2d 95 (People v. Lozano) 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. Lozano, 216 A.D.2d 95, 627 N.Y.S.2d 925, 1995 N.Y. App. Div. LEXIS 6343 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered May 18, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s conviction for criminal sale of a controlled substance in the third degree was proven beyond a reasonable doubt. Moreover, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The credibility issues raised by defendant were properly placed before the jury and we find no reason to disturb its determination. Concur—Sullivan, J. P., Ellerin, Asch, Nardelli and Williams, JJ.

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Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered May 18, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s conviction for criminal sale of a controlled substance in the third degree was proven beyond a reasonable doubt. Moreover, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The credibility issues raised by defendant were properly placed before the jury and we find no reason to disturb its determination. Concur—Sullivan, J. P., Ellerin, Asch, Nardelli and Williams, JJ.

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Bluebook (online)

216 A.D.2d 95, 627 N.Y.S.2d 925, 1995 N.Y. App. Div. LEXIS 6343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lozano-nyappdiv-1995.

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