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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1999
264 A.D.2d 677 (N.Y. App. Div. 1999)

Opinion

September 30, 1999

Judgment, Supreme Court, New York County (James Yates, J., on motion to dismiss; Renee White, J., at jury trial and sentence), rendered February 10, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Theresa A. Foudy, for Respondent.

Robin Nichinsky, for Defendant-Appellant.

ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, ANDRIAS, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification

Defendant's motion to dismiss the indictment was properly denied. We find no impairment of the integrity of the Grand Jury proceedings (see, CPL 210.35; People v. Calbud, Inc., 49 N.Y.2d 389).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1999
264 A.D.2d 677 (N.Y. App. Div. 1999)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL GARCIA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 30, 1999

Citations

264 A.D.2d 677 (N.Y. App. Div. 1999)
696 N.Y.S.2d 407