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People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 172 (N.Y. App. Div. 1997)

Opinion

March 18, 1997.

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered April 27, 1994, 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 41/2 to 9 years, unanimously affirmed.

Before: Wallach, J.P., Nardelli, Rubin and Williams, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was overwhelming evidence that defendant shared his codefendant's intent to sell heroin to the undercover officer, including evidence that defendant acknowledged that he was "working", accepted the undercover officer's order for drugs, and instructed the code-fendant to fill the order.

The court properly admitted limited background testimony regarding methods of operation of drug dealers and their ability to prevent drugs and prerecorded buy money from being recovered ( see, People v Kelsey, 194 AD2d 248). Defendant's remaining arguments are without merit.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1997
237 A.D.2d 172 (N.Y. App. Div. 1997)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CRUZ, Appellant

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

Date published: Mar 18, 1997

Citations

237 A.D.2d 172 (N.Y. App. Div. 1997)
655 N.Y.S.2d 364

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