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People v. Nicholson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 924 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Lawton, Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of criminal sale of a controlled substance in the first degree (Penal Law § 20.00, 220.43 Penal [1]) and criminal possession of a controlled substance in the second degree (Penal Law § 20.00, 220.18 Penal [1]), arising from his participation in the sale of cocaine to a confidential police informant on June 30, 1992 in the City of Rochester. Upon our review of the record, we conclude that the evidence, viewed in the light most favorable to the People ( see, People v. Williams, 84 N.Y.2d 925, 926), is legally sufficient to support defendant's conviction and that the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). There is no merit to the contention of defendant that Supreme Court erred in admitting into evidence copies of the "buy money" rather than the actual money (see, CPLR former 4539; see also, People v Miller, 182 Mich. App. 482, 453 N.W.2d 269; Ingram v. State, 703 P.2d 415 [Alaska], affd 719 P.2d 265). Finally, we conclude that the court's Sandoval ruling does not constitute an abuse of discretion ( see, People v. Sandoval, 34 N.Y.2d 371; see also, People v. Gray, 84 N.Y.2d 709, 712). (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Criminal Sale Controlled Substance, 1st Degree.)


Summaries of

People v. Nicholson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 924 (N.Y. App. Div. 1997)
Case details for

People v. Nicholson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON NICHOLSON…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 924 (N.Y. App. Div. 1997)
661 N.Y.S.2d 565

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