People v. Peterson

194 A.D.2d 124, 605 N.Y.S.2d 542, 1993 N.Y. App. Div. LEXIS 12231
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 23, 1993
StatusPublished
Cited by25 cases

This text of 194 A.D.2d 124 (People v. Peterson) 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. Peterson, 194 A.D.2d 124, 605 N.Y.S.2d 542, 1993 N.Y. App. Div. LEXIS 12231 (N.Y. Ct. App. 1993).

Opinion

OPINION OF THE COURT

Cardona, J.

Defendant was indicted for and convicted of two counts of criminal sale of a controlled substance in the third degree. He was sentenced as a second felony offender on each count to an indeterminate term of imprisonment of 6 to 12 years, the sentences to run consecutively. On this appeal, defendant contends, inter alia, that the verdict is against the weight of the evidence (see, CPL 470.20 [5]; People v Bleakley, 69 NY2d 490). We disagree. The evidence at trial, viewed in a light most favorable to the People (see, People v Contes, 60 NY2d 620; People v Dobbs, 194 AD2d 996; People v [Cedric] Williams, 195 AD2d 492; People v Harvey, 175 AD2d 138, lv denied 78 NY2d 1076), established the following facts. On November 19,1991, State Police Investigator Nelson Torres was working undercover at Dell’s Bar in the City of Binghamton, Broome County. He asked defendant for a "quarter” and defendant asked if he was a "cop”. Defendant then spoke to a white female who was later identified as Tonia Fletcher. Fletcher had known defendant for 18 months at the time. Defendant gave Fletcher a vial of cocaine and thereafter told Torres to go over to Fletcher. Fletcher gave Torres a vial of cocaine in exchange for $20. State Police Investigator Michael Williams was in Dell’s Bar at the time and witnessed the transaction between defendant, Torres and Fletcher. Upon exiting the bar, Torres gave a description of defendant and Fletcher over his body wire to the surveillance team. Binghamton Police Investigator Gerald Kushner, an undercover member of the surveillance team, subsequently entered Dell’s Bar and identified defendant and Fletcher as [127]*127the persons involved in the drug transaction from the descriptions provided. Defendant was not arrested at that time.

On December 11, 1991, while standing on the street just outside of Dell’s Bar, Williams, acting undercover, recognized defendant "as the subject from November” and asked him if he had a "quarter”. The two men stepped just inside the doorway and Williams purchased cocaine from defendant. Meanwhile, Kushner, who was a member of the surveillance team, drove past Dell’s Bar several times and observed Williams and a black male standing in front of the bar. Upon completion of the transaction, Williams gave a description of defendant over his body wire to the surveillance team. Upon hearing the description, Kushner drove past again and identified defendant. Defendant was not arrested at that time.

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

Related

People v. Russell
2018 NY Slip Op 8971 (Appellate Division of the Supreme Court of New York, 2018)
People v. Davis
2018 NY Slip Op 2051 (Appellate Division of the Supreme Court of New York, 2018)
People v. Johnson
2017 NY Slip Op 3804 (Appellate Division of the Supreme Court of New York, 2017)
People v. Anderson
149 A.D.3d 1407 (Appellate Division of the Supreme Court of New York, 2017)
People v. Moreno
2017 NY Slip Op 1715 (Appellate Division of the Supreme Court of New York, 2017)
JACKSON, JR., ANTHONY C., PEOPLE v
Appellate Division of the Supreme Court of New York, 2012
People v. Jackson
94 A.D.3d 1559 (Appellate Division of the Supreme Court of New York, 2012)
People v. Lawal
73 A.D.3d 1287 (Appellate Division of the Supreme Court of New York, 2010)
People v. Carter
31 A.D.3d 1056 (Appellate Division of the Supreme Court of New York, 2006)
People v. Sidbury
24 A.D.3d 880 (Appellate Division of the Supreme Court of New York, 2005)
People v. Brown
20 A.D.3d 577 (Appellate Division of the Supreme Court of New York, 2005)
People v. Butler
16 A.D.3d 915 (Appellate Division of the Supreme Court of New York, 2005)
People v. Lee
303 A.D.2d 839 (Appellate Division of the Supreme Court of New York, 2003)
People v. Gee
286 A.D.2d 62 (Appellate Division of the Supreme Court of New York, 2001)
People v. Perez
268 A.D.2d 207 (Appellate Division of the Supreme Court of New York, 2000)
People v. Leonard
252 A.D.2d 740 (Appellate Division of the Supreme Court of New York, 1998)
People v. Brickle
244 A.D.2d 700 (Appellate Division of the Supreme Court of New York, 1997)
People v. Rufin
237 A.D.2d 866 (Appellate Division of the Supreme Court of New York, 1997)
People v. Walker
222 A.D.2d 854 (Appellate Division of the Supreme Court of New York, 1995)
People v. Mullins
221 A.D.2d 770 (Appellate Division of the Supreme Court of New York, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
194 A.D.2d 124, 605 N.Y.S.2d 542, 1993 N.Y. App. Div. LEXIS 12231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peterson-nyappdiv-1993.