People v. Spencer

Appellate Division of the Supreme Court of New York

People v. Spencer

30 A.D.3d 357, 816 N.Y.S.2d 908

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

DecidedJune 29, 2006

StatusPublished

This text of 30 A.D.3d 357 (People v. Spencer) 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. Spencer, 30 A.D.3d 357, 816 N.Y.S.2d 908 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 17, 2005, convicting defendant, after a jury trial, of sale of an imitation controlled substance, criminal mischief in the fourth degree and resisting arrest, and sentencing him to consecutive terms of one year, six months and six months, respectively, unanimously modified, on the law, to the extent of reducing the mandatory surcharge from $250 to $140, and otherwise affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]).

As the People concede, since the convictions were for misdemeanors, the mandatory surcharge should be only $140 (Penal Law § 60.35 [1] [a] [ii]). Concur—Tom, J.E, Mazzarelli, Marlow, Nardelli and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 17, 2005, convicting defendant, after a jury trial, of sale of an imitation controlled substance, criminal mischief in the fourth degree and resisting arrest, and sentencing him to consecutive terms of one year, six months and six months, respectively, unanimously modified, on the law, to the extent of reducing the mandatory surcharge from $250 to $140, and otherwise affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]).

As the People concede, since the convictions were for misdemeanors, the mandatory surcharge should be only $140 (Penal Law § 60.35 [1] [a] [ii]). Concur—Tom, J.E, Mazzarelli, Marlow, Nardelli and Sweeny, JJ.

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Bluebook (online)

30 A.D.3d 357, 816 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spencer-nyappdiv-2006.

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