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People v. Julius

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1998
246 A.D.2d 442 (N.Y. App. Div. 1998)

Opinion

January 22, 1998

Appeal from the Supreme Court, Bronx County (William Donnino, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490), and we reject defendant's "masked repugnancy" argument based on his acquittal of the sale count and of one of the possession counts ( see, People v. Downing, 225 A.D.2d 391, lv denied 88 N.Y.2d 965).

The conclusory allegations set forth in defendant's moving papers were insufficient to warrant conducting a Mapp hearing. Defendant's allegations were not tantamount to a denial of selling drugs to the undercover officer ( compare, People v. Mendoza, 82 N.Y.2d 415, 430, with People v. Bailey, 218 A.D.2d 569, 571).

Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.


Summaries of

People v. Julius

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1998
246 A.D.2d 442 (N.Y. App. Div. 1998)
Case details for

People v. Julius

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JULIUS…

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

Date published: Jan 22, 1998

Citations

246 A.D.2d 442 (N.Y. App. Div. 1998)
667 N.Y.S.2d 246