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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 699 (N.Y. App. Div. 2000)

Opinion

Submitted March 14, 2000.

April 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered December 15, 1997, convicting him of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence.

Leon H. Tracy, Forest Hills, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Gavin L. Walcott of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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[5]).

The defendant has failed to provide a sufficient record with respect to his claim that he was deprived of his right to a speedy trial (see, People v. Hannigan, 193 A.D.2d 8 ; People v. Olivo, 52 N.Y.2d 309 ).

There was probable cause to arrest the defendant (see, CPL 140.10; People v. Amoateng, 141 A.D.2d 398 ).

The sentence imposed was not excessive (see, People v. Broadie, 37 N.Y.2d 100 ; People v. Suitte, 90 A.D.2d 80 ).


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 699 (N.Y. App. Div. 2000)
Case details for

People v. Lopez

Case Details

Full title:The People, etc., respondent, v. Jorge Lopez, appellant. (Ind. No…

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

Date published: Apr 24, 2000

Citations

271 A.D.2d 699 (N.Y. App. Div. 2000)
708 N.Y.S.2d 299

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