From Casetext: Smarter Legal Research

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 460 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the Supreme Court, Kings County (Marrus, J.).


Ordered that the judgment is affirmed.

An undercover police officer made a face-to-face purchase of a quantity of drugs with prerecorded money. Immediately upon leaving the scene, he transmitted a description of the seller to his backup team, which arrested the defendant within minutes. A jury could reasonably rely on that identification of the defendant because it involved a very specific description of his physical characteristics and clothing, made minutes after the sale by a trained police officer under conditions conducive to accurate observation (see, People v Fisher, 143 A.D.2d 1037; People v Azzara, 138 A.D.2d 495).

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620). 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; People v Bleakley, 69 N.Y.2d 490).

Finally, we find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Harwood and O'Brien, JJ., concur.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 460 (N.Y. App. Div. 1991)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH KELLY, Appellant

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 460 (N.Y. App. Div. 1991)
565 N.Y.S.2d 548