People v. Montanez

Appellate Division of the Supreme Court of New York

People v. Montanez

12 A.D.3d 161, 783 N.Y.S.2d 474, 2004 N.Y. App. Div. LEXIS 13087

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

DecidedNovember 4, 2004

StatusPublished

This text of 12 A.D.3d 161 (People v. Montanez) 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. Montanez, 12 A.D.3d 161, 783 N.Y.S.2d 474, 2004 N.Y. App. Div. LEXIS 13087 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Thomas Farber, J.), rendered June 11, 2003, convicting defendant, after a jury trial, of criminal possession of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to any inconsistencies in testimony, were properly considered by the jury, and there is no basis for disturbing its determinations (see People v Bleakley, 69 NY2d 490, 495 [1987]). There was nothing implausible about the undercover detective’s account of the drug transaction, and his testimony was corroborated by that of the arresting officer. Concur—Nardelli, J.P., Andrias, Sullivan, Williams and Friedman, JJ.

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Judgment, Supreme Court, Bronx County (Thomas Farber, J.), rendered June 11, 2003, convicting defendant, after a jury trial, of criminal possession of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to any inconsistencies in testimony, were properly considered by the jury, and there is no basis for disturbing its determinations (see People v Bleakley, 69 NY2d 490, 495 [1987]). There was nothing implausible about the undercover detective’s account of the drug transaction, and his testimony was corroborated by that of the arresting officer. Concur—Nardelli, J.P., Andrias, Sullivan, Williams and Friedman, JJ.

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Bluebook (online)

12 A.D.3d 161, 783 N.Y.S.2d 474, 2004 N.Y. App. Div. LEXIS 13087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montanez-nyappdiv-2004.

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