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People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2003
2 A.D.3d 249 (N.Y. App. Div. 2003)

Opinion

2512.

Decided December 16, 2003.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered November 21, 2000, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years and 3 to 6 years, respectively, unanimously affirmed.

Jeffrey W. Davis, for Respondent.

Robert S. Dean Pro Se, for Defendant-Appellant.

Before: Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. There was ample evidence of possession of drugs with intent to sell, including the officers' observation of defendant exchanging an object for money, the drugs recovered from defendant's person, and the manner in which the drugs were packaged ( see People v. Ransom, 251 A.D.2d 263, lv denied, 92 N.Y.2d 985). We have considered and rejected defendant's remaining arguments, including those contained in his pro se supplemental brief.

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


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2003
2 A.D.3d 249 (N.Y. App. Div. 2003)
Case details for

People v. Pena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PENA…

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

Date published: Dec 16, 2003

Citations

2 A.D.3d 249 (N.Y. App. Div. 2003)
768 N.Y.S.2d 324