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People v. Miller

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 2002
298 A.D.2d 151 (N.Y. App. Div. 2002)

Opinion

1764

October 3, 2002.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered December 8, 1999, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

SUSAN AXELROD, for respondent.

KATHLEEN DUNNIGAN, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Rosenberger, Friedman, Marlow, JJ.


The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to the minor inconsistencies in police testimony, were properly considered by the trier of facts and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 2002
298 A.D.2d 151 (N.Y. App. Div. 2002)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVINE MILLER…

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

Date published: Oct 3, 2002

Citations

298 A.D.2d 151 (N.Y. App. Div. 2002)
747 N.Y.S.2d 771