From Casetext: Smarter Legal Research

People v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 466 (N.Y. App. Div. 1995)

Opinion

December 4, 1995

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is not preserved for appellate review (see, CPL 470.05). In any event, 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We further find that the admission of the testimony from the complainant that he worked in the drug business with the defendant does not warrant reversal because the evidence was inextricably interwoven with admissible evidence and the crime charged (see, People v Mangarella, 190 A.D.2d 757; People v Davis, 169 A.D.2d 774).

Finally, the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Ritter, Joy and Florio, JJ., concur.


Summaries of

People v. Webb

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 466 (N.Y. App. Div. 1995)
Case details for

People v. Webb

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREEMAN WEBB, Appellant

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

Date published: Dec 4, 1995

Citations

222 A.D.2d 466 (N.Y. App. Div. 1995)
635 N.Y.S.2d 54

Citing Cases

People v. Santiago

The testimony of illness was not contrary to the court's pretrial in limine ruling, and related to the…

People v. Leconte

The testimony tended to prove the defendant's constructive possession of a .380 semi-automatic handgun seized…