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People v. Cole

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 156 (N.Y. App. Div. 2000)

Opinion

June 22, 2000.

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered February 11, 1998, convicting defendant, after a nonjury trial, of two counts of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Argiro Kosmetatos, for respondent.

Larry Sheehan, for defendant-appellant.

Before: Ellerin, J.P., Rubin, Saxe, Buckley, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility.

The existing record establishes that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714), particularly given the fact that this was a nonjury trial.

The court properly admitted the drugs into evidence after the People established a suitable chain of custody, through the testimony of the four police officers involved in the arrests, that those were the drugs recovered from defendant and his two buyers at the time of their arrest (see, People v. Julian, 41 N.Y.2d 340).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Cole

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2000
273 A.D.2d 156 (N.Y. App. Div. 2000)
Case details for

People v. Cole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NELSON COLE…

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

Date published: Jun 22, 2000

Citations

273 A.D.2d 156 (N.Y. App. Div. 2000)
711 N.Y.S.2d 721