Legal Opinion

People v. Lopez

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

Decided September 19, 2002PublishedCited by 1 opinion

1Opinion of the Court

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis upon which *562to disturb the jury’s determinations concerning identification and credibility. The undercover officer made a reliable identification of defendant, particularly since he had ample opportunities to observe defendant during two transactions in the course of an investigation.

The court properly denied defendant’s request to submit a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge. The…

2Cases cited2 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009

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