From Casetext: Smarter Legal Research

People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 106 (N.Y. App. Div. 1997)

Opinion

March 4, 1997.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered July 21, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Before: Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of the facts and the inferences flowing therefrom ( see, People v Norman, 85 NY2d 609, 620-622), support a finding that defendant sold heroin to the apprehended buyer. "We find no basis upon which to disturb the jury's credibility determinations.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1997
237 A.D.2d 106 (N.Y. App. Div. 1997)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN HERNANDEZ…

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

Date published: Mar 4, 1997

Citations

237 A.D.2d 106 (N.Y. App. Div. 1997)
655 N.Y.S.2d 344