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People v. Cassells

Appellate Division of the Supreme Court of New York, First Department
Oct 15, 1998
254 A.D.2d 109 (N.Y. App. Div. 1998)

Opinion

October 15, 1998

Appeal from the Supreme Court, New York County (Alfred Donati, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). We see no reason to disturb the jury's credibility determinations. The discrepancy between the arresting police officer's description of the cocaine recovered from defendant and the form of the cocaine that was received in evidence at trial did not render the cocaine inadmissible. The People's evidence established a complete chain of custody, and the discrepancy went to the weight of the evidence, not its admissibility ( see, People v. Sarmiento, 168 A.D.2d 328, aff'd 77 N.Y.2d 976).

The sentence was not based on any inappropriate factors or mistaken information, and we do not perceive any abuse of sentencing discretion.

Concur — Sullivan, J.P., Wallach, Williams and Saxe, JJ.


Summaries of

People v. Cassells

Appellate Division of the Supreme Court of New York, First Department
Oct 15, 1998
254 A.D.2d 109 (N.Y. App. Div. 1998)
Case details for

People v. Cassells

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD CASSELLS…

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

Date published: Oct 15, 1998

Citations

254 A.D.2d 109 (N.Y. App. Div. 1998)
680 N.Y.S.2d 480

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