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People v. Yancy

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2011
84 A.D.3d 1418 (N.Y. App. Div. 2011)

Opinion

No. 2009-00460.

May 31, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cohen, J.), rendered December 16, 2008, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfranesco, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.

Before: Covello, J.P., Angiolillo, Dickerson and Roman, JJ.


Ordered that the judgment is affirmed.

Contrary to the People's position, the defendant's challenge to the legal sufficiency of the evidence is preserved for appellate review ( see People v Hines, 97 NY2d 56, 61; People v Squires, 68 AD3d 900; People v Soto, 8 AD3d 683, 684). Viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, cert denied 542 US 946). Upon reviewing the record, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).


Summaries of

People v. Yancy

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2011
84 A.D.3d 1418 (N.Y. App. Div. 2011)
Case details for

People v. Yancy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SADAT YANCY, Appellant

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

Date published: May 31, 2011

Citations

84 A.D.3d 1418 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4715
923 N.Y.S.2d 906

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