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People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 2000
270 A.D.2d 218 (N.Y. App. Div. 2000)

Opinion

March 30, 2000.

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered December 2, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

Mindy J. Levinson, for Respondent.

David E. Liebman, for Defendant-Appellant.

ROSENBERGER, J.P., WILLIAMS, ANDRIAS, BUCKLEY, FRIEDMAN, JJ.


The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility. There was ample evidence of defendant's active participation in the transaction, including evidence that, in showing the undercover officer the location of the drug operation, defendant said "we moved down to the basement" and that defendant directed a codefendant to let the officer enter the door at the bottom of the outside basement stairs (see, People v. Velasquez, 249 A.D.2d 11, lv denied 92 N.Y.2d 883).

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


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 2000
270 A.D.2d 218 (N.Y. App. Div. 2000)
Case details for

People v. Pena

Case Details

Full title:The People of the State of New York, Respondent, v. Jose Antonio Garcia…

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

Date published: Mar 30, 2000

Citations

270 A.D.2d 218 (N.Y. App. Div. 2000)
706 N.Y.S.2d 384