People v. Porter

Appellate Division of the Supreme Court of New York

People v. Porter

292 A.D.2d 238, 738 N.Y.S.2d 576, 2002 N.Y. App. Div. LEXIS 2895

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

DecidedMarch 19, 2002

StatusPublished

This text of 292 A.D.2d 238 (People v. Porter) 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. Porter, 292 A.D.2d 238, 738 N.Y.S.2d 576, 2002 N.Y. App. Div. LEXIS 2895 (N.Y. Ct. App. 2002).

Pincite

Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered March 13, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6V2 to 13 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the jury’s determinations concerning identification credibility. The inconsistencies in testimony, including minor and easily reconcilable discrepancies as to defendant’s appearance were insignificant. The evidence showed that there were no other people in the street remotely approximating defendant’s description and that a “ghost” officer watched the entire sequence of events without losing sight of defendant. Concur— Williams, P.J., Tom, Saxe, Rosenberger and Wallach, JJ.

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

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered March 13, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6V2 to 13 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the jury’s determinations concerning identification credibility. The inconsistencies in testimony, including minor and easily reconcilable discrepancies as to defendant’s appearance were insignificant. The evidence showed that there were no other people in the street remotely approximating defendant’s description and that a “ghost” officer watched the entire sequence of events without losing sight of defendant. Concur— Williams, P.J., Tom, Saxe, Rosenberger and Wallach, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

292 A.D.2d 238, 738 N.Y.S.2d 576, 2002 N.Y. App. Div. LEXIS 2895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-porter-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack