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People v. Marks

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1992
179 A.D.2d 836 (N.Y. App. Div. 1992)

Opinion

January 9, 1992

Appeal from the County Court of Broome County (Monserrate, J.).


Contrary to defendant's contention, the evidence presented was legally sufficient to have enabled the jury to determine that the essential elements of the crimes for which defendant was convicted had been established beyond a reasonable doubt, including the fact that defendant was in constructive possession of the drugs in question (see, People v. Francis, 172 A.D.2d 342, 343-344, lv granted 77 N.Y.2d 1003; People v. Randolph, 157 A.D.2d 866, lv denied 75 N.Y.2d 923; People v. Lopez, 112 A.D.2d 739). Moreover, the record reveals that a chain of custody for the drugs was properly established (see, People v. Sarmiento, 77 N.Y.2d 976). Defendant's remaining contentions have been considered and rejected as either unpreserved for review or lacking in merit.

Mikoll, J.P., Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Marks

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1992
179 A.D.2d 836 (N.Y. App. Div. 1992)
Case details for

People v. Marks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY O. MARKS…

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

Date published: Jan 9, 1992

Citations

179 A.D.2d 836 (N.Y. App. Div. 1992)

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