Opinion
2014-02-7
The PEOPLE of the State of New York, Respondent, v. Demetrius BEDELL, Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (John Lewis DeMarco, J.), rendered February 9, 2011. The judgment convicted defendant, after a nonjury trial, of criminal possession of a controlled substance in the fifth degree. Anthony J. Lana, Buffalo, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (John Lewis DeMarco, J.), rendered February 9, 2011. The judgment convicted defendant, after a nonjury trial, of criminal possession of a controlled substance in the fifth degree.
Anthony J. Lana, Buffalo, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, after a nonjury trial, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06[1] ). Defendant contends that defense counsel was ineffective for failing to move to suppress the currency found on defendant during a search incident to his arrest, as well as a paper bag hidden near a guardrail at the end of a dead-end street that contained 13 “dime bags” of crack cocaine. Defendant failed to demonstrate that the “ ‘motion, if made, would have been successful and that defense counsel's failure to make that motion deprived him of meaningful representation’ ” (People v. Bassett, 55 A.D.3d 1434, 1437–1438, 866 N.Y.S.2d 473, lv. denied 11 N.Y.3d 922, 874 N.Y.S.2d 7, 902 N.E.2d 441; see generally People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698).
Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we reject defendant's contention that the evidence is legally insufficient to establish that he possessed the cocaine with intent to sell it ( see People v. Freeman, 28 A.D.3d 1161, 1162, 813 N.Y.S.2d 597, lv. denied 7 N.Y.3d 788, 821 N.Y.S.2d 818, 854 N.E.2d 1282; People v. Smith, 217 A.D.2d 910, 911, 629 N.Y.S.2d 922; see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Contrary to defendant's further contention, viewing the evidence in light of the elements of the crime in this nonjury trial ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we conclude that the verdict is not against the weight of the evidence ( see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, and VALENTINO, JJ., concur.