People v. Starke

Appellate Division of the Supreme Court of New York

People v. Starke

237 A.D.2d 225, 655 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 2932

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

DecidedMarch 27, 1997

StatusPublished

Cited by1 cases

This text of 237 A.D.2d 225 (People v. Starke) 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. Starke, 237 A.D.2d 225, 655 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 2932 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered May 23, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third, fourth and seventh degrees, and sentencing him, as a second felony offender, to concurrent prison terms of 41/2 to 9 years, 41/2 to 9 [226]*226years and 1 year, respectively, unanimously affirmed. Judgment, same court and Justice, rendered May 23, 1994, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of to 9 years, to run concurrently with the above sentences, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94). The court’s Sandoval ruling was a proper exercise of discretion. The court’s decision to permit the People to inquire into a 1982 conviction was appropriate in light of the fact that defendant had spent a substantial amount of time in prison on that conviction and other convictions (People v Cain, 167 AD2d 131, lv denied 77 NY2d 836). Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered May 23, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third, fourth and seventh degrees, and sentencing him, as a second felony offender, to concurrent prison terms of 41/2 to 9 years, 41/2 to 9 [226]*226years and 1 year, respectively, unanimously affirmed. Judgment, same court and Justice, rendered May 23, 1994, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of to 9 years, to run concurrently with the above sentences, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94). The court’s Sandoval ruling was a proper exercise of discretion. The court’s decision to permit the People to inquire into a 1982 conviction was appropriate in light of the fact that defendant had spent a substantial amount of time in prison on that conviction and other convictions (People v Cain, 167 AD2d 131, lv denied 77 NY2d 836). Concur—Ellerin, J. P., Wallach, Williams and Mazzarelli, JJ.

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Bluebook (online)

237 A.D.2d 225, 655 N.Y.S.2d 940, 1997 N.Y. App. Div. LEXIS 2932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-starke-nyappdiv-1997.

Opinion

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