People v. Wilder

270 A.D.2d 368, 704 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 2687

This text of 270 A.D.2d 368 (People v. Wilder) 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. Wilder, 270 A.D.2d 368, 704 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 2687 (N.Y. Ct. App. 2000).

Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered June 22, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

Contrary to the defendant’s contention, the People provided adequate assurances of the identity and unchanged condition of the narcotics entered into evidence at trial (see, People v Julian, 41 NY2d 340; People v Brathwaite, 204 AD2d 733).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Santucci, Thompson and McGinity, JJ., concur.

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Related

People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Brathwaite
204 A.D.2d 733 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
270 A.D.2d 368, 704 N.Y.S.2d 867, 2000 N.Y. App. Div. LEXIS 2687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilder-nyappdiv-2000.