People v. Rodriguez

197 A.D.2d 478, 603 N.Y.S.2d 7, 1993 N.Y. App. Div. LEXIS 10053

Opinion

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered July 23, 1990, convicting defendant, upon a bench trial, of criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent prison terms of from 3 years to life and 1 year, respectively, unanimously affirmed.

In viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620, 621), the evidence adduced at defendant’s trial that a police officer observed him discard what later proved to be cocaine was legally sufficient to support his conviction. (See, People v Bleakley, 69 NY2d 490.) The police officer’s admittance in making a false entry in his report did not render his testimony incredible. (Compare, People v Quinones, 61 AD2d 765 [1st Dept].) Concur—Murphy, P. J., Kupferman, Ross and Rubin, JJ.