People v. Sanders

Appellate Division of the Supreme Court of New York

People v. Sanders

7 A.D.3d 443, 776 N.Y.S.2d 798, 2004 N.Y. App. Div. LEXIS 7209

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

DecidedMay 25, 2004

StatusPublished

This text of 7 A.D.3d 443 (People v. Sanders) 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. Sanders, 7 A.D.3d 443, 776 N.Y.S.2d 798, 2004 N.Y. App. Div. LEXIS 7209 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Robert L. Cohen, J.), rendered November 19, 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 4½to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The reliable identification testimony of both the purchasing and “ghost” undercover officers was corroborated by testimony that upon the arresting officer’s approach, defendant discarded prerecorded buy money and additional drugs. Concur—Nardelli, J.P., Andrias, Ellerin and Friedman, JJ.

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Judgment, Supreme Court, Bronx County (Robert L. Cohen, J.), rendered November 19, 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 4½to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The reliable identification testimony of both the purchasing and “ghost” undercover officers was corroborated by testimony that upon the arresting officer’s approach, defendant discarded prerecorded buy money and additional drugs. Concur—Nardelli, J.P., Andrias, Ellerin and Friedman, JJ.

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Bluebook (online)

7 A.D.3d 443, 776 N.Y.S.2d 798, 2004 N.Y. App. Div. LEXIS 7209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-nyappdiv-2004.

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