Legal Opinion

People v. Pena

Appellate Division of the Supreme Court of the State of New York

Decided February 22, 1994Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered April 10, 1992, 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 prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Contrary to the defendant’s contention, the identity of the person to whom he sold drugs is not a *677material element…

2Cases cited11 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GonzalezNew York Court of Appeals · 1986
  3. People v. WhalenNew York Court of Appeals · 1983
  4. People v. CharlesNew York Court of Appeals · 1984
  5. People v. FeldmanNew York Court of Appeals · 1980

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