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People v. Rodriguez

197 A.D.2d 478 Court N.Y. App. Div. Decision date 1993-10-28 English

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p. 478
(October 28, 1993)
The People of the State of New York, Respondent, v
p. 479
Angel Rodriguez, Appellant.
[603 NYS2d 7]

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered July 23, 1990, convicting defendant, upon a bench trial, of criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent prison terms of from 3 years to life and 1 year, respectively, unanimously affirmed.

In viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 , 621), the evidence adduced at defendant’s trial that a police officer observed him discard what later proved to be cocaine was legally sufficient to support his conviction. (See, People v Bleakley, 69 NY2d 490 .) The police officer’s admittance in making a false entry in his report did not render his testimony incredible. (Compare, People v Quinones, 61 AD2d 765 [1st Dept].) Concur—Murphy, P. J., Kupferman, Ross and Rubin, JJ.

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