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People v. Moorer

206 A.D.2d 392 Court N.Y. App. Div. Decision date 1994-07-05 English

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p. 392
The People of the State of New York, Respondent, v Jesse Moorer, Appellant.
[614 NYS2d 319]

—Appeal by the defendant from a judgment of the County Court, Westchester County (Pirro, J.), rendered November 16, 1992, convicting him of criminal possession of a controlled substance in the fifth 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 in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is 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 is not against the weight of the evidence (CPL 470.15 [5]).

The sentence that was imposed is not excessive (see, People v Suitte, 90 AD2d 80 ). Rosenblatt, J. P., Lawrence, Copertino and Joy, JJ., concur.

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