People v. Luquis

Appellate Division of the Supreme Court of New York

People v. Luquis

254 A.D.2d 113, 679 N.Y.S.2d 113, 1998 N.Y. App. Div. LEXIS 10853

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

DecidedOctober 15, 1998

StatusPublished

Cited by2 cases

This text of 254 A.D.2d 113 (People v. Luquis) 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. Luquis, 254 A.D.2d 113, 679 N.Y.S.2d 113, 1998 N.Y. App. Div. LEXIS 10853 (N.Y. Ct. App. 1998).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered July 31, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, based on defendant’s active participation in the drug sale and interaction with the codefendant who supplied the drugs, from which the jury could find that defendant was a joint possessor of the additional drugs found on the codefendant (see, People v Tirado, 38 NY2d 955).

We reject defendant’s various challenges to the People’s use of expert testimony. Defendant, who asserted that he was merely present at the scene and did not participate in the drug sale, challenged the undercover’s credibility, claiming that his description of how the three participants in the drug sale handed the glassine from one to another before giving it to the undercover was implausible. In view of the foregoing, the expert’s testimony, which was not excessive, and which did not implicate defendant in a large scale drug operation, was properly admitted to explain the absence of buy money and drugs and defendant’s role in the sale (see, People v Lacey, 245 AD2d 145, lv denied 91 NY2d 927).

We have considered and rejected defendant’s remaining arguments. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered July 31, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, based on defendant’s active participation in the drug sale and interaction with the codefendant who supplied the drugs, from which the jury could find that defendant was a joint possessor of the additional drugs found on the codefendant (see, People v Tirado, 38 NY2d 955).

We reject defendant’s various challenges to the People’s use of expert testimony. Defendant, who asserted that he was merely present at the scene and did not participate in the drug sale, challenged the undercover’s credibility, claiming that his description of how the three participants in the drug sale handed the glassine from one to another before giving it to the undercover was implausible. In view of the foregoing, the expert’s testimony, which was not excessive, and which did not implicate defendant in a large scale drug operation, was properly admitted to explain the absence of buy money and drugs and defendant’s role in the sale (see, People v Lacey, 245 AD2d 145, lv denied 91 NY2d 927).

We have considered and rejected defendant’s remaining arguments. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D.2d 113, 679 N.Y.S.2d 113, 1998 N.Y. App. Div. LEXIS 10853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-luquis-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack