People v. Prieto

Appellate Division of the Supreme Court of New York

People v. Prieto

249 A.D.2d 71, 671 N.Y.S.2d 238, 1998 N.Y. App. Div. LEXIS 3835

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

DecidedApril 9, 1998

StatusPublished

This text of 249 A.D.2d 71 (People v. Prieto) 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. Prieto, 249 A.D.2d 71, 671 N.Y.S.2d 238, 1998 N.Y. App. Div. LEXIS 3835 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered November 6, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Credibility and identification issues were properly placed before the trier of fact and we find no reason to disturb its findings. We perceive no abuse of sentencing discretion. Concur — Rosenberger, J. P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered November 6, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Credibility and identification issues were properly placed before the trier of fact and we find no reason to disturb its findings. We perceive no abuse of sentencing discretion. Concur — Rosenberger, J. P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.

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Bluebook (online)

249 A.D.2d 71, 671 N.Y.S.2d 238, 1998 N.Y. App. Div. LEXIS 3835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prieto-nyappdiv-1998.

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