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People v. McNair

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 443 (N.Y. App. Div. 2001)

Opinion

Submitted April 12, 2001.

May 7, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered May 28, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Robert E. Stafford, Hampton Bays, N.Y., for appellant, and appellant pro se.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael A. Gajdos of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, 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).

The defendant received meaningful representation of counsel (see, People v. Rivera, 71 N.Y.2d 705; People v. Baldi, 54 N.Y.2d 137; People v. Hobot, 84 N.Y.2d 1021).

The sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SANTUCCI, J.P., LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.


Summaries of

People v. McNair

Appellate Division of the Supreme Court of New York, Second Department
May 7, 2001
283 A.D.2d 443 (N.Y. App. Div. 2001)
Case details for

People v. McNair

Case Details

Full title:The People, etc., respondent, v. William McNair, appellant

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

Date published: May 7, 2001

Citations

283 A.D.2d 443 (N.Y. App. Div. 2001)
723 N.Y.S.2d 872