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People v. Polanco

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 645 (N.Y. App. Div. 2004)

Opinion

2001-00460.

Decided May 10, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 21, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Joyce P. Adolfsen of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( 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 the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

The defendant's remaining contention is without merit.

SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.


Summaries of

People v. Polanco

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 645 (N.Y. App. Div. 2004)
Case details for

People v. Polanco

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MAXIMO POLANCO, appellant

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

Date published: May 10, 2004

Citations

7 A.D.3d 645 (N.Y. App. Div. 2004)
776 N.Y.S.2d 496