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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 460 (N.Y. App. Div. 2004)

Opinion

2002-03678.

Decided April 5, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered April 8, 2002, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Denise A. Corse of counsel), for appellant.

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

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19). In any event, 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).

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 460 (N.Y. App. Div. 2004)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RODOLFO LOPEZ, appellant

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

Date published: Apr 5, 2004

Citations

6 A.D.3d 460 (N.Y. App. Div. 2004)
773 N.Y.S.2d 886