People v. Vestal

Appellate Division of the Supreme Court of New York

People v. Vestal

216 A.D.2d 60, 627 N.Y.S.2d 652, 1995 N.Y. App. Div. LEXIS 6280

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

DecidedJune 8, 1995

StatusPublished

This text of 216 A.D.2d 60 (People v. Vestal) 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. Vestal, 216 A.D.2d 60, 627 N.Y.S.2d 652, 1995 N.Y. App. Div. LEXIS 6280 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered September 18, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 2 to 4 years, respectively, unanimously affirmed.

Viewing the evidence in a light most favorable to the People (People v Malizia, 62 NY2d 755, cert denied 469 US 932), there is no reason to disturb the jury’s determination in this "buy and bust” case where the undercover officers’ and arresting officers’ testimony firmly established the defendant’s identity as the seller (People v Bleakley, 69 NY2d 490). The prosecution’s statement that the arresting officer would testify to the confirmatory identification made by the undercover, and the arresting officer’s actual testimony to that effect, did not amount to improper bolstering (People v Chapman, 202 AD2d 297, lv denied 83 NY2d 965). In any event, the trial court immediately struck the complained of testimony.

We have considered all other claims and find them to be meritless. Concur—Ross, J. P., Nardelli, Williams, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Felice Shea, J.), rendered September 18, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 2 to 4 years, respectively, unanimously affirmed.

Viewing the evidence in a light most favorable to the People (People v Malizia, 62 NY2d 755, cert denied 469 US 932), there is no reason to disturb the jury’s determination in this "buy and bust” case where the undercover officers’ and arresting officers’ testimony firmly established the defendant’s identity as the seller (People v Bleakley, 69 NY2d 490). The prosecution’s statement that the arresting officer would testify to the confirmatory identification made by the undercover, and the arresting officer’s actual testimony to that effect, did not amount to improper bolstering (People v Chapman, 202 AD2d 297, lv denied 83 NY2d 965). In any event, the trial court immediately struck the complained of testimony.

We have considered all other claims and find them to be meritless. Concur—Ross, J. P., Nardelli, Williams, Tom and Mazzarelli, JJ.

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Bluebook (online)

216 A.D.2d 60, 627 N.Y.S.2d 652, 1995 N.Y. App. Div. LEXIS 6280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vestal-nyappdiv-1995.

Opinion

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