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People v. Haywood

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1995
216 A.D.2d 188 (N.Y. App. Div. 1995)

Opinion

June 27, 1995

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt was proven beyond a reasonable doubt by legally sufficient evidence, and upon an independent review of the facts the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490).

The issues raised concerning the credibility of the police officers were properly placed before the jury, and we find no reason to disturb its determination. Defendant's request for a missing witness charge was properly denied on the grounds of untimeliness and lack of sufficient specificity ( People v Gonzalez, 68 N.Y.2d 424, 427-428).

Finally, defendant's argument that the People failed to establish his knowledge of the weight of the drugs he possessed is unpreserved for appellate review, and we decline to reach that issue under our interest-of-justice authority ( People v. Gray, 86 N.Y.2d 11).

Concur — Sullivan, J.P., Ellerin, Wallach, Asch and Williams, JJ.


Summaries of

People v. Haywood

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1995
216 A.D.2d 188 (N.Y. App. Div. 1995)
Case details for

People v. Haywood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREG HAYWOOD, Appellant

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

Date published: Jun 27, 1995

Citations

216 A.D.2d 188 (N.Y. App. Div. 1995)
628 N.Y.S.2d 484