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People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 939 (N.Y. App. Div. 2001)

Opinion

(1454) KA 99-1650.

November 9, 2001.

(Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Sale Controlled Substance, 3rd Degree.)

PRESENT: PINE, J.P., HAYES, HURLBUTT, KEHOE AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

We reject defendant's contentions that the sentence imposed constitutes cruel and unusual punishment ( see, People v. Thompson, 83 N.Y.2d 477, 482-485; People v. Broadie, 37 N.Y.2d 100, 117, cert denied 423 U.S. 950; People v. Brown, 245 A.D.2d 1098) and is unduly harsh or severe ( see, People v. Kidd, 265 A.D.2d 859, 860, lv denied 94 N.Y.2d 824). Also contrary to defendant's contention, the verdict is not against the weight of the evidence on the issue of defendant's identity ( see, People v. Owens, 275 A.D.2d 905, 906 , lv denied 95 N.Y.2d 937, 939; see generally, People v. Bleakley, 69 N.Y.2d 490, 495).


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 939 (N.Y. App. Div. 2001)
Case details for

People v. Taylor

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JAMES W. TAYLOR…

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

Date published: Nov 9, 2001

Citations

288 A.D.2d 939 (N.Y. App. Div. 2001)
732 N.Y.S.2d 202