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People v. Polanco

7 A.D.3d 645 Court N.Y. App. Div. Decision date 2004-05-10 English

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p. 645
The People of the State of New York, Respondent, v Maximo Polanco, Appellant.
[776 NYS2d 496]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 21, 2000, convicting him of 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 [1983]), 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 remaining contention is without merit. Santucci, J.P, Schmidt, Townes and Mastro, JJ., concur.

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