From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 2002
295 A.D.2d 258 (N.Y. App. Div. 2002)

Opinion

1468

June 25, 2002.

Judgment, Supreme Court, New York County (Dora Irizarry, J.), rendered June 9, 2000, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years, unanimously affirmed.

HOPE KORENSTEIN, for respondent.

RAFAEL A. DECLET, JR., for defendant-appellant.

NATHANIEL WALKER, PRO SE

Tom, J.P., Buckley, Ellerin, Rubin, Gonzalez, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Credibility issues, including those relating to the unusual packaging of the drugs, were properly considered by the court and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94).

The court properly exercised its discretion in finding the police chemist qualified as an expert based on her experience and training.

On the record before us, it is clear that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714).

We perceive no basis for a reduction of sentence.

Defendant's remaining contentions, including those contained in hispro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 2002
295 A.D.2d 258 (N.Y. App. Div. 2002)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NATHANIEL WALKER…

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

Date published: Jun 25, 2002

Citations

295 A.D.2d 258 (N.Y. App. Div. 2002)
743 N.Y.S.2d 865

Citing Cases

Walker v. Mazzuca

The conviction was affirmed by the Appellate Division and Petitioner was denied leave to appeal to the Court…