People v. Ramos

239 A.D.2d 442, 658 N.Y.S.2d 885, 1997 N.Y. App. Div. LEXIS 5050
Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1997·Published·Cited by 2 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 24, 1995, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

Contrary to the defendant’s contention, the trial court correctly applied the three-step analysis in addressing the prosecutor’s reverse-Batson application (see, Batson v Kentucky, 476 US 79; People v Payne, 88 NY2d 172; People v Richie, 217 AD2d 84). Additionally, closure of the courtroom during the testimony of the undercover officers was proper (see, People v Martinez, 82 NY2d 436; People v Kin Kan, 78 NY2d 54; People v Monroig, 223 AD2d 730; People v Feliciano, 228 AD2d 519; People v Dorcas, 218 AD2d 813).

The defendant’s remaining contentions are without merit. Bracken, J. P., Ritter, Sullivan and Pizzuto, JJ., concur.

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People v. Ramos, 239 A.D.2d 442, 658 N.Y.S.2d 885, 1997 N.Y. App. Div. LEXIS 5050 (N.Y. Ct. App. 1997).

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