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People v. Olazabal

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 485 (N.Y. App. Div. 2001)

Opinion

Argued May 21, 2001

June 18, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered August 31, 1999, 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., and Arnold Porter, New York, N Y (Emma K. Lewis and Dorothy Giobbe of counsel), for appellant (one brief filed).

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Michael J. Bresnick of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (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 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., GOLDSTEIN, H. MILLER and CRANE, JJ., concur.


Summaries of

People v. Olazabal

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 485 (N.Y. App. Div. 2001)
Case details for

People v. Olazabal

Case Details

Full title:THE PEOPLE, ETC., respondent, v. GILBERTO OLAZABAL, appellant

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

Date published: Jun 18, 2001

Citations

284 A.D.2d 485 (N.Y. App. Div. 2001)
726 N.Y.S.2d 870