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People v. Pemberton

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 156 (N.Y. App. Div. 2005)

Opinion

6245.

June 7, 2005.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 23, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of three years to life, unanimously affirmed.

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Bree Schonbrun of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). In this observation sale case, the evidence warranted the conclusion that the brown paper bag recovered from the buyer's possession, and found to contain drugs, was the same bag defendant had given the buyer after receiving money ( see e.g. People v. Bolden, 6 AD3d 315, lv denied 3 NY3d 637).


Summaries of

People v. Pemberton

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 156 (N.Y. App. Div. 2005)
Case details for

People v. Pemberton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN PEMBERTON…

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

Date published: Jun 7, 2005

Citations

19 A.D.3d 156 (N.Y. App. Div. 2005)
796 N.Y.S.2d 347