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People v. Alicia

144 A.D.2d 475 Court N.Y. App. Div. Decision date 1988-11-14 English

Contents

Majority

p. 475
The People of the State of New York, Respondent, v
p. 476
Israel Alicia, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered April 27, 1983, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to support the conviction. Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Thompson, J. P., Bracken, Brown and Sullivan, JJ., concur.

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