Legal Opinion

People v. Cruz

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

Decided June 24, 2010Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Daniel E FitzGerald, J.), rendered December 22, 2008, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to concurrent terms of three years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. In addition to an officer’s testimony about having observed defendant…

2Cases cited2 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. DaleyAppellate Division of the Supreme Court of the State of New York · 2001

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