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People v. Dickey

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 495 (N.Y. App. Div. 1998)

Opinion

October 26, 1998

Appeal from the Supreme Court, Westchester County (Cirigliano, J.).


Ordered that the judgment is affirmed.

The defendant contends that his conviction is not supported by legally sufficient evidence that he was the person who sold the drugs in question. This contention is unpreserved for appellate review because it was not advanced with specificity before the trial court in support of the defendant's motion to dismiss made at the close of the People's case ( see, CPL 470.05. [2]; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's identity as the drug seller. 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).

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

Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.


Summaries of

People v. Dickey

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 495 (N.Y. App. Div. 1998)
Case details for

People v. Dickey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK E. DICKEY…

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

Date published: Oct 26, 1998

Citations

254 A.D.2d 495 (N.Y. App. Div. 1998)
681 N.Y.S.2d 29