People v. Oliver

Appellate Division of the Supreme Court of New York

People v. Oliver

283 A.D.2d 659, 725 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 5485

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

DecidedMay 29, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 659 (People v. Oliver) 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. Oliver, 283 A.D.2d 659, 725 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 5485 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the [660]*660defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered August 4, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish his guilt beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Moreover, where there is a judgment of conviction based on legally sufficient trial evidence, the alleged denial of the defendant’s motion to dismiss the indictment based on the alleged insufficiency of the Grand Jury evidence is not reviewable on appeal (see, People v Wadsworth, 253 AD2d 899; CPL 210.30 [6]). Santucci, J. P., Luciano, Feuerstein and Adams, JJ., concur.

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—Appeal by the [660]*660defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered August 4, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish his guilt beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Moreover, where there is a judgment of conviction based on legally sufficient trial evidence, the alleged denial of the defendant’s motion to dismiss the indictment based on the alleged insufficiency of the Grand Jury evidence is not reviewable on appeal (see, People v Wadsworth, 253 AD2d 899; CPL 210.30 [6]). Santucci, J. P., Luciano, Feuerstein and Adams, JJ., concur.

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Bluebook (online)

283 A.D.2d 659, 725 N.Y.S.2d 855, 2001 N.Y. App. Div. LEXIS 5485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oliver-nyappdiv-2001.

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