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People v. Clark

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 452 (N.Y. App. Div. 1992)

Opinion

October 20, 1992

Appeal from the Supreme Court, New York County (Jay Gold, J.).


Viewing the evidence in a light most favorable to the prosecution, and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict. Further, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). The evidence shows that defendant threatened the undercover officer with a knife when the officer questioned the quality of the crack he was purchasing from defendant's cohort. It cannot be "assume[d] that defendant was innocently standing around exchanging pleasantries" while a cohort sold drugs, since the high probability of arrest made it unlikely "that defendant would act in such a manner as to make his involvement in the transactions overt" (People v Williams, 172 A.D.2d 448, 449, affd 79 N.Y.2d 803).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Asch, JJ.


Summaries of

People v. Clark

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 452 (N.Y. App. Div. 1992)
Case details for

People v. Clark

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE CLARK…

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

Date published: Oct 20, 1992

Citations

186 A.D.2d 452 (N.Y. App. Div. 1992)
589 N.Y.S.2d 19

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