From Casetext: Smarter Legal Research

People v. Morgan

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 413 (N.Y. App. Div. 1999)

Opinion

March 25, 1999

Appeal from the Supreme Court, Bronx County (John Collins, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence from which the jury could reasonably infer that, as part of their drug-selling enterprise, defendant and his codefendant jointly possessed, with intent to sell, drugs found on the codefendant's person (see, People v. Tirado, 38 N.Y.2d 955).

By failing to object, by making generalized objections, or by failing to request further relief after the court sustained objections and struck testimony, defendant has not preserved his present challenges to testimony regarding community complaints about the sale location and its drug-prone nature, and regarding the undercover officer's transmissions to the backup team and his confirmation of the identity of the sellers, and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal (see, People v. Garcia, 213 A.D.2d 249, lv denied 85 N.Y.2d 973; People v. Hendricks, 223 A.D.2d 409, lv denied 88 N.Y.2d 966).

We perceive no abuse of sentencing discretion.

We have considered and rejected defendant's remaining claims.

Concur — Ellerin, P. J., Sullivan, Lerner and Rubin, JJ.


Summaries of

People v. Morgan

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1999
259 A.D.2d 413 (N.Y. App. Div. 1999)
Case details for

People v. Morgan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR MORGAN, Appellant

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

Date published: Mar 25, 1999

Citations

259 A.D.2d 413 (N.Y. App. Div. 1999)
688 N.Y.S.2d 126

Citing Cases

People v. Robinson

Contrary to defendant's argument, there was legally sufficient evidence to support the possession charge. The…