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People v. Celso

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1996
225 A.D.2d 336 (N.Y. App. Div. 1996)

Opinion

March 7, 1996

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


Defendant's sufficiency claim concerning his knowledge of the weight of the drugs seized upon his arrest is unpreserved for appellate review as a matter of law (CPL 470.05), and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that such knowledge could be inferred from defendant's possession of packaged cocaine almost three times more than the threshold amount required by statute ( see, People v Hill, 85 N.Y.2d 256, 263; see, People v Sanchez, 86 N.Y.2d 27, 34). Nor was the verdict against the weight of the evidence ( see, People v Noble, 86 N.Y.2d 814). Issues of credibility were properly presented to the jury and we see no reason to disturb its verdict. We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Kupferman, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Celso

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1996
225 A.D.2d 336 (N.Y. App. Div. 1996)
Case details for

People v. Celso

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEMENTE CELSO, Also…

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

Date published: Mar 7, 1996

Citations

225 A.D.2d 336 (N.Y. App. Div. 1996)
638 N.Y.S.2d 633