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People of N.Y. v. Phillipe

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 2006
34 A.D.3d 235 (N.Y. App. Div. 2006)

Opinion

9469.

November 2, 2006.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered March 15, 2004, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of five years to life, unanimously affirmed.

Before: Friedman, J.P., Marlow, Sullivan, Nardelli and Gonzalez, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. The evidence established that defendant possessed a quantity of drugs, including cocaine that he gave to another person with instructions to hide it for defendant.

The court's instructions on constructive possession conveyed the proper standards ( see People v Manini, 79 NY2d 561, 573-575), and could not have misled the jury as to the People's burden of proof.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal.


Summaries of

People of N.Y. v. Phillipe

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 2006
34 A.D.3d 235 (N.Y. App. Div. 2006)
Case details for

People of N.Y. v. Phillipe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED PHILLIPE…

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

Date published: Nov 2, 2006

Citations

34 A.D.3d 235 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7989
822 N.Y.S.2d 711

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