People v. Maylor

Appellate Division of the Supreme Court of New York

People v. Maylor

184 A.D.2d 371, 584 N.Y.S.2d 850, 1992 N.Y. App. Div. LEXIS 8122

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

DecidedJune 18, 1992

StatusPublished

Cited by4 cases

This text of 184 A.D.2d 371 (People v. Maylor) 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. Maylor, 184 A.D.2d 371, 584 N.Y.S.2d 850, 1992 N.Y. App. Div. LEXIS 8122 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Ira F. Beal, J.), rendered July 18, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 3 to 9 years, unanimously affirmed.

The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so " 'inherently incredible or improbable’ ” as to warrant disturbing the suppression court’s determination of credibility (People v Benitez, 162 AD2d 100, 101; see also, People v Fonte, 159 AD2d 346, lv denied 76 NY2d 734), and, as a matter of law, sufficed to establish probable cause (People v McRay, 51 NY2d 594).

[372]*372We have considered defendant’s argument that the sentence is unduly harsh, including the fact that he had no prior criminal history of any kind, and find no abuse of sentencing discretion. Concur — Sullivan, J. P., Carro, Wallach, Kassal and Rubin, JJ.

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

Judgment, Supreme Court, New York County (Ira F. Beal, J.), rendered July 18, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 3 to 9 years, unanimously affirmed.

The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so " 'inherently incredible or improbable’ ” as to warrant disturbing the suppression court’s determination of credibility (People v Benitez, 162 AD2d 100, 101; see also, People v Fonte, 159 AD2d 346, lv denied 76 NY2d 734), and, as a matter of law, sufficed to establish probable cause (People v McRay, 51 NY2d 594).

[372]*372We have considered defendant’s argument that the sentence is unduly harsh, including the fact that he had no prior criminal history of any kind, and find no abuse of sentencing discretion. Concur — Sullivan, J. P., Carro, Wallach, Kassal and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

184 A.D.2d 371, 584 N.Y.S.2d 850, 1992 N.Y. App. Div. LEXIS 8122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maylor-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack