People v. Newton

Appellate Division of the Supreme Court of New York

People v. Newton

58 A.D.3d 553, 872 N.Y.S.2d 106

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

DecidedJanuary 27, 2009

StatusPublished

This text of 58 A.D.3d 553 (People v. Newton) 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. Newton, 58 A.D.3d 553, 872 N.Y.S.2d 106 (N.Y. Ct. App. 2009).

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Opinion

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered September 10, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The evidence established that defendant actively participated in the drug transaction as a lookout and steerer.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The challenged remarks generally constituted fair comment on the evidence and the reasonable inferences to be drawn therefrom, and the summation did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). Concur—Saxe, J.E, Gonzalez, Sweeny, Renwick and DeGrasse, JJ.

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Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered September 10, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The evidence established that defendant actively participated in the drug transaction as a lookout and steerer.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The challenged remarks generally constituted fair comment on the evidence and the reasonable inferences to be drawn therefrom, and the summation did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). Concur—Saxe, J.E, Gonzalez, Sweeny, Renwick and DeGrasse, JJ.

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Bluebook (online)

58 A.D.3d 553, 872 N.Y.S.2d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newton-nyappdiv-2009.

Opinion

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