People v. Silvels

Appellate Division of the Supreme Court of New York

People v. Silvels

182 A.D.2d 576, 585 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6368

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

DecidedApril 28, 1992

StatusPublished

This text of 182 A.D.2d 576 (People v. Silvels) 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. Silvels, 182 A.D.2d 576, 585 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6368 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Richard Failla, J., at hearing; Daniel P. FitzGerald, J., at trial), rendered August 21, 1990, convicting defendant of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him to concurrent terms of imprisonment of 8 to 16 years and 6 to 12 years, unanimously affirmed.

We reject defendant’s argument that the evidence that connected him with the vials of crack recovered from the floor near the feet of his co-defendant was legally insufficient. The credible testimony of the undercover officer adequately established that defendant was an active participant in the unconsummated drug transaction (People v Gordon, 76 NY2d 595; see, People v Torres, 68 NY2d 677). There is nothing in the record which demonstrates that the jury failed to give proper weight to the conflicting inferences that could be drawn from the evidence presented in respect to the identification of defendant by the undercover police officer (People v Bleakley, 69 NY2d 490).

We find no fault with the prosecutor’s conduct in the proceedings, nor do we discern a deficiency in the court’s charge or the representation afforded defendant by trial counsel. Concur — Sullivan, J. P., Carro, Kupferman, Kassal and Smith, JJ.

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Judgment, Supreme Court, New York County (Richard Failla, J., at hearing; Daniel P. FitzGerald, J., at trial), rendered August 21, 1990, convicting defendant of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him to concurrent terms of imprisonment of 8 to 16 years and 6 to 12 years, unanimously affirmed.

We reject defendant’s argument that the evidence that connected him with the vials of crack recovered from the floor near the feet of his co-defendant was legally insufficient. The credible testimony of the undercover officer adequately established that defendant was an active participant in the unconsummated drug transaction (People v Gordon, 76 NY2d 595; see, People v Torres, 68 NY2d 677). There is nothing in the record which demonstrates that the jury failed to give proper weight to the conflicting inferences that could be drawn from the evidence presented in respect to the identification of defendant by the undercover police officer (People v Bleakley, 69 NY2d 490).

We find no fault with the prosecutor’s conduct in the proceedings, nor do we discern a deficiency in the court’s charge or the representation afforded defendant by trial counsel. Concur — Sullivan, J. P., Carro, Kupferman, Kassal and Smith, JJ.

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Bluebook (online)

182 A.D.2d 576, 585 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-silvels-nyappdiv-1992.

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