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People v. Tucker

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 415 (N.Y. App. Div. 2002)

Opinion

1999-11159

Argued September 13, 2002.

October 7, 2002.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered October 19, 1999, convicting him of criminal possession of a forged instrument in the first degree, upon a jury verdict, and imposing sentence.

H. Fitzmore Harris, P.C., New York, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.

Before: SONDRA MILLER, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The prosecution called an undercover police officer, who testified that she purchased counterfeit money from the defendant. Any minor testimonial inconsistencies do not render the testimony of the prosecution witness incredible as a matter of law (see People v. Morris, 244 A.D.2d 361). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.


Summaries of

People v. Tucker

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 415 (N.Y. App. Div. 2002)
Case details for

People v. Tucker

Case Details

Full title:THE PEOPLE, ETC., respondent, v. USURU RASHEE TUCKER, appellant

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

Date published: Oct 7, 2002

Citations

298 A.D.2d 415 (N.Y. App. Div. 2002)
751 N.Y.S.2d 387

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