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People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 722 (N.Y. App. Div. 1985)

Opinion

April 8, 1985

Appeal from the Supreme Court, Richmond County (Felig, J.).


Judgment affirmed.

The record herein contains overwhelming evidence of defendant's guilt of the crimes of criminal sale and possession of controlled substances (i.e., Valium) in the fifth degree ( see, People v Vaughn, 35 A.D.2d 889). Moreover, contrary to defendant's argument, the People clearly established a legal chain of custody for the contraband which was sold to the undercover officers.

Defendant further argues that (1) the trial court failed to adequately explain to him the consequences of his waiver of a jury trial, (2) his counsel was ineffective, (3) improper hearsay evidence was admitted at the trial, and (4) the sentence imposed was excessive.

We have examined these arguments and find them to be without merit ( People v. Jones, 57 A.D.2d 905; People v. Baldi, 54 N.Y.2d 137; Strickland v. Washington, 466 U.S. 668, 104 S Ct 2052; People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 722 (N.Y. App. Div. 1985)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH PAYNE, Appellant

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

Date published: Apr 8, 1985

Citations

110 A.D.2d 722 (N.Y. App. Div. 1985)