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People v. Person

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 377 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the County Court, Westchester County (Murphy, J.).


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his contention that the prosecution failed to adduce legally sufficient evidence that he knowingly possessed more than 500 milligrams of cocaine (see, Penal Law § 220.06; see also, People v Gray, 86 N.Y.2d 10; People v Ryan, 82 N.Y.2d 497), and we decline to reach this issue in the exercise of our interest of justice jurisdiction (see, People v Smith, 217 A.D.2d 565; People v Oakman, 215 A.D.2d 596; People v St. Hill, 215 A.D.2d 510; People v Lawrence, 212 A.D.2d 638; People v Bright, 210 A.D.2d 244). Moreover, upon the exercise of our factual review power, we find that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15; People v Noble, 86 N.Y.2d 814; see also, People v Cruz, 197 A.D.2d 630; People v Ward, 191 A.D.2d 661). We have reviewed the defendant's remaining contentions and find them to be without merit. Miller, J.P., Thompson, Ritter and Krausman, JJ., concur.


Summaries of

People v. Person

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 377 (N.Y. App. Div. 1995)
Case details for

People v. Person

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT PERSON…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 377 (N.Y. App. Div. 1995)
633 N.Y.S.2d 1008

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