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People v. Deacon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 11, 2010
74 A.D.3d 1816 (N.Y. App. Div. 2010)

Opinion

No. KA 07-01957.

June 11, 2010.

Appeal from a judgment of the Monroe County Court (Frank P Geraci, Jr., J), rendered July 11, 2007. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (GRAZINA MYERS OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR RESPONDENT.

Present — Smith, J.P., Fahey, Carni, Green and Gorski, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.


Memorandum:

Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and criminal possession of a controlled substance in the fourth degree (§ 220.09 [1]). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence ( see generally People v Bleakley, 69 NY2d 490, 495). In addition, viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence ( see generally Bleakley, 69 NY2d at 495).


Summaries of

People v. Deacon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 11, 2010
74 A.D.3d 1816 (N.Y. App. Div. 2010)
Case details for

People v. Deacon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARRINE O. DEACON…

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

Date published: Jun 11, 2010

Citations

74 A.D.3d 1816 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5132
902 N.Y.S.2d 491