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People v. De La Rosa

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 122 (N.Y. App. Div. 1987)

Opinion

August 10, 1987

Appeal from the County Court, Westchester County (West, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it is sufficient as a matter of law to support the defendant's conviction for aiding and abetting in the sale of over nine ounces of cocaine (see, Penal Law § 15.05; §§ 20.00, 220.00 [1]; People v. Barnes, 50 N.Y.2d 375, 381). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review (see, People v. Nuccie, 57 N.Y.2d 818, 819) or without merit (see, People v. Carter, 63 N.Y.2d 530, 539; People v. Davis, 44 N.Y.2d 269, 277; People v. Julian, 41 N.Y.2d 340, 342-343; People v. Piazza, 121 A.D.2d 573, 574, lv denied 68 N.Y.2d 916). Mangano, J.P., Bracken, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. De La Rosa

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1987
133 A.D.2d 122 (N.Y. App. Div. 1987)
Case details for

People v. De La Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DE LA ROSA…

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

Date published: Aug 10, 1987

Citations

133 A.D.2d 122 (N.Y. App. Div. 1987)