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People v. Cintron

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 301 (N.Y. App. Div. 1995)

Opinion

December 19, 1995

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


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly presented to the court, as the trier of fact, and we see no reason to disturb its findings. Defendant's claim that the court erred in not informing him, before summations, of its intent to consider the lesser included offense of attempted criminal sale of a controlled substance in the fifth degree is unpreserved ( see, People v Trail, 172 A.D.2d 320, lv denied 78 N.Y.2d 975), and in any event is without merit.

Concur — Murphy, P.J., Rosenberger, Ross, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Cintron

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 1995
222 A.D.2d 301 (N.Y. App. Div. 1995)
Case details for

People v. Cintron

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO CINTRON…

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

Date published: Dec 19, 1995

Citations

222 A.D.2d 301 (N.Y. App. Div. 1995)
636 N.Y.S.2d 619