People v. Ruffin — 269 A.D.2d 548

Majority

p. 548

The People of the State of New York, Respondent, v Antoine Ruffin, Appellant.

[704 NYS2d 481]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered April 6, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third 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 (see, People v Tomlinson, 199 AD2d 352 ). The evidence allowed a rational trier of fact to conclude that the defendant acted in concert with the accomplice (see, People v Rossey, 89 NY2d 970 ). Moreover, upon the exercise of our factual

p. 549

review power, we are satisfied that the verdict was not contrary to the weight of the evidence (see, CPL 470.15 [5]). O’Brien, J. P., Friedmann, Florio and Schmidt, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 548
People v. Rossey 89 NY2d 970 N.Y. 1997-02-13 p. 548