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People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 533 (N.Y. App. Div. 1997)

Opinion

March 24, 1997.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered August 4, 1995, convicting him of criminal sale of a controlled substance in the third degree (3 counts) and criminal possession of a controlled substance in the third degree (3 counts), upon a jury verdict, and imposing sentence.

Before: Sullivan, J. P., Santucci, Friedmann and McGinity, JJ.


Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see, CPL 470.05; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 4:70.15 [5]; People v Bleakley, 69 NY2d 490, 495).

The sentence imposed was not excessive ( see, People v Suitte, 90 AD2d 80).

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


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 533 (N.Y. App. Div. 1997)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR GORDON…

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

Date published: Mar 24, 1997

Citations

237 A.D.2d 533 (N.Y. App. Div. 1997)
656 N.Y.S.2d 897