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People v. Olazabal

284 A.D.2d 485 Court N.Y. App. Div. Decision date 2001-06-18 English

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p. 485
The People of the State of New York, Respondent, v Gilberto Olazabal, Appellant.
[726 NYS2d 870]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered August 31, 1999, convicting him of criminal sale 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 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 our factual review power, we are satisfied that the verdict of guilt was not against the weight

p. 486
of the evidence (see, CPL 470.15 [5]). Santucci, J. P., Goldstein, H. Miller and Crane, JJ., concur.

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