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People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 694 (N.Y. App. Div. 2000)

Opinion

Submitted March 14, 2000.

April 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Irizarry, J.), rendered July 28, 1997, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (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 (see, CPL 470.15[5]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 694 (N.Y. App. Div. 2000)
Case details for

People v. Cruz

Case Details

Full title:The People, etc., respondent, v. Gilberto Cruz, appellant. (Ind. No…

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

Date published: Apr 24, 2000

Citations

271 A.D.2d 694 (N.Y. App. Div. 2000)
707 N.Y.S.2d 869