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People v. Armstead

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 778 (N.Y. App. Div. 2009)

Opinion

No. 2008-11213.

December 1, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ayers, J.), rendered November 13, 2008, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

John F. McGlynn, Rockville Centre, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason P. Weinstein of counsel), for respondent.

Before: Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.


Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).


Summaries of

People v. Armstead

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 778 (N.Y. App. Div. 2009)
Case details for

People v. Armstead

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ARMSTEAD…

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

Date published: Dec 1, 2009

Citations

68 A.D.3d 778 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9033
888 N.Y.S.2d 910

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