People v. Serra

Appellate Division of the Supreme Court of New York

People v. Serra

293 A.D.2d 338, 740 N.Y.S.2d 200, 2002 N.Y. App. Div. LEXIS 3774

Appellate Division of the Supreme Court of the State of New York·Decided April 16, 2002·Published·Cited by 4 cases

Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered November 19, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree (six counts) and conspiracy in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years to life (six terms) and 4 to 8 years, respectively, unanimously affirmed.

The verdict convicting defendant of conspiracy in the second degree was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Acosta, 80 NY2d 665, 672). Defendant’s intent and his agreement with his coconspirators to commit a class A felony (Penal Law § 105.15) could be readily inferred from the evidence, including defendant’s own multiple sales, within the context of the drug conspiracy, in amounts constituting criminal sale of a controlled substance in the second degree, a class A-II felony, as well as the testimony of the cooperating coconspirators.

We have considered and rejected defendant’s remaining arguments. Concur—Williams, P.J., Andrias, Buckley and Rosenberger, JJ.

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—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered November 19, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree (six counts) and conspiracy in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years to life (six terms) and 4 to 8 years, respectively, unanimously affirmed.

The verdict convicting defendant of conspiracy in the second degree was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Acosta, 80 NY2d 665, 672). Defendant’s intent and his agreement with his coconspirators to commit a class A felony (Penal Law § 105.15) could be readily inferred from the evidence, including defendant’s own multiple sales, within the context of the drug conspiracy, in amounts constituting criminal sale of a controlled substance in the second degree, a class A-II felony, as well as the testimony of the cooperating coconspirators.

We have considered and rejected defendant’s remaining arguments. Concur—Williams, P.J., Andrias, Buckley and Rosenberger, JJ.

People v. Serra, 293 A.D.2d 338, 740 N.Y.S.2d 200, 2002 N.Y. App. Div. LEXIS 3774 (N.Y. Ct. App. 2002).

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Opinion

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