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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 2005
16 A.D.3d 524 (N.Y. App. Div. 2005)

Opinion

March 14, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered July 26, 2001, convicting him of criminal possession of a controlled substance in the third degree (two counts), criminally using drug paraphernalia in the second degree (two counts), and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.

Before: Ritter, J.P., Luciano, Mastro and Skelos, JJ., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 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).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 2005
16 A.D.3d 524 (N.Y. App. Div. 2005)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY SMITH…

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

Date published: Mar 14, 2005

Citations

16 A.D.3d 524 (N.Y. App. Div. 2005)
790 N.Y.S.2d 611