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People v. Geligas

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 368 (N.Y. App. Div. 2003)

Opinion

2600.

Decided December 30, 2003.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered February 5, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 10 to 20 years and 1 year, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing defendant's sentence on the criminal sale conviction to a term of 6 to 12 years, and otherwise affirmed.

Madeleine Guilmain, for Respondent.

Catharine L. DuBois, for Defendant-Appellant.

Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's course of conduct warrants the conclusion that he was a participant in the drug transaction, whose role included screening potential customers ( see People v. Bello, 92 N.Y.2d 523).

Defendant failed to preserve his claims concerning police testimony as to the roles of participants in street-level narcotics sales ( see People v. Harris, 98 N.Y.2d 452, 492; People v. Tevaha, 84 N.Y.2d 879), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them ( see People v. Brown, 97 N.Y.2d 500, 506-507).

We find the sentence to be excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Geligas

Appellate Division of the Supreme Court of New York, First Department
Dec 30, 2003
2 A.D.3d 368 (N.Y. App. Div. 2003)
Case details for

People v. Geligas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GELIGAS…

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

Date published: Dec 30, 2003

Citations

2 A.D.3d 368 (N.Y. App. Div. 2003)
768 N.Y.S.2d 822

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