People v. Stafford

Appellate Division of the Supreme Court of New York

People v. Stafford

6 A.D.3d 307, 775 N.Y.S.2d 140, 2004 N.Y. App. Div. LEXIS 4766

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

DecidedApril 22, 2004

StatusPublished

This text of 6 A.D.3d 307 (People v. Stafford) 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. Stafford, 6 A.D.3d 307, 775 N.Y.S.2d 140, 2004 N.Y. App. Div. LEXIS 4766 (N.Y. Ct. App. 2004).

Pincite

Opinion

[308]*308Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 7, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 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]). The undercover officer made a reliable identification, which was corroborated by other evidence including the recovery of buy money from defendant.

Defendant’s contention concerning the court’s denial of his untimely peremptory challenge to a prospective juror is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that jury selection was conducted in a lawful manner (see People v Alston, 88 NY2d 519 [1996]). Concur—Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[308]*308Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 7, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 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]). The undercover officer made a reliable identification, which was corroborated by other evidence including the recovery of buy money from defendant.

Defendant’s contention concerning the court’s denial of his untimely peremptory challenge to a prospective juror is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that jury selection was conducted in a lawful manner (see People v Alston, 88 NY2d 519 [1996]). Concur—Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

6 A.D.3d 307, 775 N.Y.S.2d 140, 2004 N.Y. App. Div. LEXIS 4766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stafford-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack