People v. Mendez

Appellate Division of the Supreme Court of New York

People v. Mendez

3 A.D.3d 458, 770 N.Y.S.2d 853

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

DecidedJanuary 29, 2004

StatusPublished

This text of 3 A.D.3d 458 (People v. Mendez) 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. Mendez, 3 A.D.3d 458, 770 N.Y.S.2d 853 (N.Y. Ct. App. 2004).

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Opinion

[459]*459Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 20, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of five years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The evidence warranted the conclusion that the object which defendant threw into a car was the large package of drugs recovered by the police.

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur—Nardelli, J.P., Andrias, Sullivan, Ellerin and Gonzalez, JJ.

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[459]*459Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 20, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of five years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The evidence warranted the conclusion that the object which defendant threw into a car was the large package of drugs recovered by the police.

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur—Nardelli, J.P., Andrias, Sullivan, Ellerin and Gonzalez, JJ.

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Bluebook (online)

3 A.D.3d 458, 770 N.Y.S.2d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mendez-nyappdiv-2004.

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