Legal Opinion

People v. Serra

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

Decided November 20, 1984PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Alexander, J.

We hold that the evidence adduced, if accepted by a jury, as it obviously was, was legally sufficient to establish defendant’s guilt of the crimes of criminal possession and criminal sale of a controlled substance in the third degree in violation of sections 220.16 and 220.39 of the Penal Law and criminal possession of a controlled substance in the seventh degree (Penal Law, § 220.03). Thus, it was error for the trial court to grant defendant’s motion, made pursuant to CPL 330.30 (subd 1) to set aside the defendant’s conviction. Accordingly, we reverse the…

2Cases cited4 opinions

  1. People v. BenzingerNew York Court of Appeals · 1974
  2. People v. WrightAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. FortunatoAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by5 opinions

  1. People v. KaplanNew York Court of Appeals · 1990
  2. People v. BobbittAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. HillAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. GuzmanAppellate Division of the Supreme Court of the State of New York · 1990

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