People v. Rosa

Appellate Division of the Supreme Court of New York

People v. Rosa

301 A.D.2d 389, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 109

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

DecidedJanuary 9, 2003

StatusPublished

This text of 301 A.D.2d 389 (People v. Rosa) 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. Rosa, 301 A.D.2d 389, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 109 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 23, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to the minor inconsistencies in the testimony of the police witnesses, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). The credible evidence warranted the inference that defendant was a participant in the drug transaction. Concur — Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 23, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to the minor inconsistencies in the testimony of the police witnesses, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). The credible evidence warranted the inference that defendant was a participant in the drug transaction. Concur — Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 389, 752 N.Y.S.2d 859, 2003 N.Y. App. Div. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosa-nyappdiv-2003.

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