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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 143 (N.Y. App. Div. 1995)

Opinion

June 22, 1995

Appeal from the Supreme Court, Bronx County (John Collins, J.).


Viewing the evidence in the light most favorable to the People ( People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the People proved that defendant knowingly and unlawfully sold a narcotic drug based upon the undercover officer's trial testimony that he observed defendant remove three crack vials from his boot and exchange the vials for $15 of pre-recorded buy money, $5 of which was recovered from defendant upon his arrest. Considering defendant's distinctive clothing, the manner in which he sold the drugs, and the drive-by identification shortly after his arrest, the jury verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490, 495).

Concur — Rosenberger, J.P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 143 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY RODRIGUEZ, Also…

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

Date published: Jun 22, 1995

Citations

216 A.D.2d 143 (N.Y. App. Div. 1995)
628 N.Y.S.2d 1011