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People v. Cook

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 524 (N.Y. App. Div. 1992)

Opinion

November 9, 1992

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgment is affirmed.

The defendant's conviction was based on the testimony of police officers who participated in the "buy-and-bust" operation which resulted in his arrest. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

In addition, we find that the trial court did not improvidently exercise its discretion in ruling that the prosecution could cross-examine the defendant, if he testified regarding the existence of two prior felony convictions and the length of the sentences imposed thereon (see, People v Rodena, 170 A.D.2d 418, 419; People v Johnson, 113 A.D.2d 900, 901; People v Wood, 94 A.D.2d 814, 815).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Lawrence, J.P., Eiber, O'Brien and Copertino, JJ., concur.


Summaries of

People v. Cook

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 524 (N.Y. App. Div. 1992)
Case details for

People v. Cook

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON COOK, Appellant

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

Date published: Nov 9, 1992

Citations

187 A.D.2d 524 (N.Y. App. Div. 1992)

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