People v. Linder [4th Dept 1999

Full title: PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SEAN LINDER, APPELLANT

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

Date published: Feb 10, 1999

(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.

PRESENT: DENMAN, P. J., PINE, HAYES, WISNER AND CALLAHAN JJ.

Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16). Giving the necessary deference "to the fact-finder's opportunity to view the witnesses, hear the testimony and observe demeanor", we conclude that the verdict is not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490, 495).