People v. Santiago

Appellate Division of the Supreme Court of New York

People v. Santiago

82 A.D.3d 479, 918 N.Y.2d 340

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

DecidedMarch 8, 2011

StatusPublished

This text of 82 A.D.3d 479 (People v. Santiago) 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. Santiago, 82 A.D.3d 479, 918 N.Y.2d 340 (N.Y. Ct. App. 2011).

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Opinion

[480]*480The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather “beat” cocaine. There is no basis for disturbing the jury’s credibility determination rejecting that claim.

We find the sentence excessive to the extent indicated. Concur — Andrias, J.E, Catterson, Moskowitz, Abdus-Salaam and Román, JJ.

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[480]*480The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather “beat” cocaine. There is no basis for disturbing the jury’s credibility determination rejecting that claim.

We find the sentence excessive to the extent indicated. Concur — Andrias, J.E, Catterson, Moskowitz, Abdus-Salaam and Román, JJ.

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Bluebook (online)

82 A.D.3d 479, 918 N.Y.2d 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santiago-nyappdiv-2011.

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