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People v. Garoufalis

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2007
45 A.D.3d 604 (N.Y. App. Div. 2007)

Opinion

No. 2004-06854.

November 7, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered July 28, 2004, convicting him of criminal sale of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y., and ChadbourneParke LLP (Thomas E. Butler and Robert E. Grossman of counsel), for appellant (one brief filed).

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Aaron J. Schechter of counsel), for respondent.

Before: Florio, J.P., Covello, Angiolillo and Carni, jj., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v Candelario, 260 AD2d 391; People v Figueroa, 219 AD2d 606). On three separate occasions, the defendant introduced an undercover police officer to drug dealers, and aided in and abetted the sale of crack cocaine to the officer in exchange for currency. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633; People v Brown, 36 AD3d 930).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Garoufalis

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2007
45 A.D.3d 604 (N.Y. App. Div. 2007)
Case details for

People v. Garoufalis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS GAROUFALIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 2007

Citations

45 A.D.3d 604 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8474
850 N.Y.S.2d 104