People v. Lopez
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009