People v. Tucker

Appellate Division of the Supreme Court of New York

People v. Tucker

12 A.D.3d 304, 784 N.Y.S.2d 859, 2004 N.Y. App. Div. LEXIS 14171

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

DecidedNovember 23, 2004

StatusPublished

This text of 12 A.D.3d 304 (People v. Tucker) 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. Tucker, 12 A.D.3d 304, 784 N.Y.S.2d 859, 2004 N.Y. App. Div. LEXIS 14171 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered September 30, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to police clerical errors and minor inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The fact that the jury rendered a mixed verdict does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). Concur—Andrias, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

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Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered September 30, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to police clerical errors and minor inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The fact that the jury rendered a mixed verdict does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]). Concur—Andrias, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

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Bluebook (online)

12 A.D.3d 304, 784 N.Y.S.2d 859, 2004 N.Y. App. Div. LEXIS 14171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tucker-nyappdiv-2004.

Opinion

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