Legal Opinion

People v. Smith

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

Decided April 15, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered June 22, 1992, convicting him of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 20). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally…

2Cases cited3 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. RumbleNew York Court of Appeals · 1978

3Cited by3 opinions

  1. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. DoveAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2019

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