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People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2000
269 A.D.2d 210 (N.Y. App. Div. 2000)

Opinion

February 10, 2000

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered September 24, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Lisa I. Cuevas, for respondent.

Lawrence J. Schwartz, for defendant-appellant.

SULLIVAN, J.P., MAZZARELLI, ELLERIN, LERNER, FRIEDMAN, JJ.


The verdict was based on legally sufficient evidence (People v. Bleakley, 69 N.Y.2d 490). Credibility and identification issues were properly placed before the jury and we find no reason to disturb its findings.

By failing to object, or failing to make specific objection, defendant failed to preserve his various challenges to police testimony regarding typical buy-and-bust operations and street-level narcotics transactions (People v. Tevaha, 84 N.Y.2d 879), and we decline to review them in the interest of justice. Were we to review these claims, we would find that this limited testimony, given by an officer with sufficient training and experience, was relevant to issues presented at trial and did not suggest that defendant was part of a large-scale narcotics organization (see, People v. Kelsey, 194 A.D.2d 248).

We perceive no abuse of sentencing discretion.

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


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2000
269 A.D.2d 210 (N.Y. App. Div. 2000)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CRUZ…

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 210 (N.Y. App. Div. 2000)
702 N.Y.S.2d 812