People v. Subria

Appellate Division of the Supreme Court of New York

People v. Subria

301 A.D.2d 469, 753 N.Y.S.2d 834, 2003 N.Y. App. Div. LEXIS 630

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

DecidedJanuary 28, 2003

StatusPublished

This text of 301 A.D.2d 469 (People v. Subria) 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. Subria, 301 A.D.2d 469, 753 N.Y.S.2d 834, 2003 N.Y. App. Div. LEXIS 630 (N.Y. Ct. App. 2003).

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Opinion

—Judgments, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 4, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and also convicting him, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). The evidence warrants the conclusion that, rather than merely directing the undercover officer to a seller, defendant actively participated in the sale (see People v Bello, 92 NY2d 523). Concur — Andrias, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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—Judgments, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 4, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and also convicting him, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). The evidence warrants the conclusion that, rather than merely directing the undercover officer to a seller, defendant actively participated in the sale (see People v Bello, 92 NY2d 523). Concur — Andrias, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 469, 753 N.Y.S.2d 834, 2003 N.Y. App. Div. LEXIS 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-subria-nyappdiv-2003.

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