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People v. Aviles

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1996
234 A.D.2d 556 (N.Y. App. Div. 1996)

Opinion

December 23, 1996.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered January 19, 1995, convicting her of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: Rosenblatt, J.P., O'Brien, Thompson and Luciano, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was not legally sufficient to establish her guilt is unpreserved for appellate review ( see, CPL 470.05; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 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).


Summaries of

People v. Aviles

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1996
234 A.D.2d 556 (N.Y. App. Div. 1996)
Case details for

People v. Aviles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIA AVILES, Appellant

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

Date published: Dec 23, 1996

Citations

234 A.D.2d 556 (N.Y. App. Div. 1996)
651 N.Y.S.2d 910