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People v. David Holmes

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 169 (N.Y. App. Div. 1996)

Opinion

October 1, 1996.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered February 9, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and resisting arrest, and sentencing him, as a second felony offender, to concurrent prison terms of 5¼ to 10½ years and 1 year, respectively, unanimously affirmed.

Before: Sullivan, J.P., Ellerin, Ross, Nardelli and Andrias, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The alleged inconsistencies in the officer's testimony did not amount to "hopeless contradiction", related as they were to collateral, not crucial, issues ( People v Jackson, 65 NY2d 265, 270, 272; People v Torres, 219 AD2d 565, lv denied 87 NY2d 851), and were properly placed before the jury, whose resolution thereof was not "manifestly erroneous" ( People v Messina, 227 AD2d 312, 313; People v Felix, 219 AD2d 515, lv denied 88 NY2d 847).

The identification by an experienced narcotics officer conducting rooftop surveillance with the aid of binoculars was not unreliable. That defendant, apprehended several minutes after the drug transaction, did not have in his possession any drugs or enough money to correspond to the amount of the drugs that had changed hands, is not dispositive.


Summaries of

People v. David Holmes

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 169 (N.Y. App. Div. 1996)
Case details for

People v. David Holmes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID HOLMES, Appellant

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

Date published: Oct 1, 1996

Citations

232 A.D.2d 169 (N.Y. App. Div. 1996)
647 N.Y.S.2d 224

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