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People v. Valente

222 A.D.2d 625 Court N.Y. App. Div. Decision date 1995-12-18 English

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p. 625
The People of the State of New York, Respondent, v James Valente, Appellant.
[636 NYS2d 629]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Wexner, J.), rendered September 15, 1993, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial in a light most favorable to the People (see, People v Contes, 60 NY2d 620 ), we find that it was 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

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

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