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People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 379 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, Kings County (Gerges, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish that he sold the drugs to the undercover officer is unpreserved for appellate review since he made only a general motion to dismiss before the trial court ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20; People v. Williams, 187 A.D.2d 547). In any event, 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 ( see, People v. Harvey, 175 A.D.2d 138). 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; People v. Lewis, 182 A.D.2d 777).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Velez

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 379 (N.Y. App. Div. 1998)
Case details for

People v. Velez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN VELEZ, Appellant

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 379 (N.Y. App. Div. 1998)
678 N.Y.S.2d 735

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