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People v. Zapata

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 191 (N.Y. App. Div. 1996)

Opinion

May 9, 1996

Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).


Defendant's claims regarding the sufficiency of the evidence, that the People failed to establish that he possessed the bag found by the police or his knowledge of the weight of the controlled substance, are unpreserved for appellate review, since defendant merely moved for a general trial order of dismissal ( see, People v. Gray, 86 N.Y.2d 10), and we decline to review them in the interest of justice. Defendant's argument that normal preservation rules do not apply with respect to sufficiency of the evidence claims in nonjury trials is no longer viable in light of the recent decision of the Court of Appeals in People v Santos ( 86 N.Y.2d 869), which specifically rejected this proposition. We also find that the verdict was not against the weight of the evidence.

Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Tom, JJ.


Summaries of

People v. Zapata

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 191 (N.Y. App. Div. 1996)
Case details for

People v. Zapata

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ZAPATA…

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

Date published: May 9, 1996

Citations

227 A.D.2d 191 (N.Y. App. Div. 1996)
642 N.Y.S.2d 244