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People v. Kahle

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 570 (N.Y. App. Div. 1988)

Opinion

January 11, 1988

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

We find that the evidence presented at trial was legally sufficient to sustain the conviction. The evidence supports a finding that the defendant acted in concert with the codefendants Knapp and Fridella to sell drugs to undercover police officers and a named informant, and that he was in possession of the drugs immediately prior to his arrest. The testimony of the informant and the arresting officer was not incredible as a matter of law, and the jury could reasonably have resolved the inconsistencies in their accounts in favor of the People (see, People v Augustave, 123 A.D.2d 323).

Upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and the verdict was not against the weight of the evidence (see, CPL 470.15).

The hearsay statements of the codefendant Fridella were properly admitted into evidence as declarations of a coconspirator in furtherance of a conspiracy, and the defendant's right of confrontation was not abridged by virtue of the admission of these statements (see, People v Sanders, 56 N.Y.2d 51; People v Salko, 47 N.Y.2d 230; People v Grant, 113 A.D.2d 311, lv denied 67 N.Y.2d 762). The remaining contentions raised by the defendant are either unpreserved or without merit. Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.


Summaries of

People v. Kahle

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 570 (N.Y. App. Div. 1988)
Case details for

People v. Kahle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK R. KAHLE…

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

Date published: Jan 11, 1988

Citations

136 A.D.2d 570 (N.Y. App. Div. 1988)

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