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People v. Marshall

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1994
207 A.D.2d 733 (N.Y. App. Div. 1994)

Opinion

September 22, 1994

Appeal from the Supreme Court, New York County (Felice Shea, J.).


Upon viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that the evidence of police officers' opportunity to observe defendant in the sunlit street from a distance of less than 10 feet, the accurate description of defendant and others transmitted by the "ghost" officer immediately after drug sales were completed, the continued observation of defendant by both officers until his arrest approximately 10 minutes later, and the officers' unequivocal in-court identifications is legally sufficient to establish defendant's identity and guilt beyond a reasonable doubt (see, e.g., People v. Nocedo, 204 A.D.2d 214; People v. Trevesu, 203 A.D.2d 202), and that the verdict is not against the weight of the evidence. The claimed inconsistencies in the officers' testimony and any inferences to be drawn therefrom were properly placed before the jury, and we find no reason to disturb its determination.

Concur — Sullivan, J.P., Carro, Ellerin, Kupferman and Asch, JJ.


Summaries of

People v. Marshall

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1994
207 A.D.2d 733 (N.Y. App. Div. 1994)
Case details for

People v. Marshall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE MARSHALL…

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

Date published: Sep 22, 1994

Citations

207 A.D.2d 733 (N.Y. App. Div. 1994)
616 N.Y.S.2d 609