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People v. Caldwell

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 2009
60 A.D.3d 412 (N.Y. App. Div. 2009)

Opinion

No. 5411.

March 3, 2009.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered November 15, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of six years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheryl Feldman of counsel), for respondent.

Before: Andrias, J.P., Friedman, Buckley, Catterson and Acosta, JJ.


To the extent defendant is challenging the legal sufficiency of the evidence, that claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. In addition, we conclude that the verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the jury's determinations concerning credibility and identification. Defendant's guilt was established by, among other things, the testimony of an officer who stopped defendant after seeing him with the undercover officer immediately before and after the sale, and after following defendant a short distance without losing sight of him.


Summaries of

People v. Caldwell

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 2009
60 A.D.3d 412 (N.Y. App. Div. 2009)
Case details for

People v. Caldwell

Case Details

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

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

Date published: Mar 3, 2009

Citations

60 A.D.3d 412 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1532
875 N.Y.S.2d 10

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