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People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 747 (N.Y. App. Div. 2000)

Opinion

Submitted June 13, 2000.

September 18, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered June 3, 1998, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminally using drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Cheryl P. Williams of counsel), for appellant .

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicole Beder, and Elaine E. Oh of counsel), for respondent.

Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ., GLORIA GOLDSTEIN , JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes , 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The trial court's Sandoval ruling was a provident exercise of discretion (see, People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282; People v. Sandoval, 34 N.Y.2d 371).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 747 (N.Y. App. Div. 2000)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. TERRENCE ANDERSON, APPELLANT. (Ind. No…

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

Date published: Sep 18, 2000

Citations

275 A.D.2d 747 (N.Y. App. Div. 2000)
713 N.Y.S.2d 494