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People v. Wilder

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 368 (N.Y. App. Div. 2000)

Opinion

Argued February 1, 2000

March 17, 2000

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered June 22, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Marianne T. Byrne, Brooklyn, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney and Andrea M. DiGregorio of counsel), for respondent.

DAVID S. RITTER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, LEO F. McGINITY, 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. 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 Crim. Proc.[5]).

Contrary to the defendant's contention, the People provided adequate assurances of the identity and unchanged condition of the narcotics entered into evidence at trial (see, People v. Julian, 41 N.Y.2d 340; People v. Brathwaite, 204 A.D.2d 733).

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

RITTER, J.P., SANTUCCI, THOMPSON, and McGINITY, JJ., concur.


Summaries of

People v. Wilder

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 368 (N.Y. App. Div. 2000)
Case details for

People v. Wilder

Case Details

Full title:THE PEOPLE, etc., respondent, v. KEVIN WILDER, appellant. (Ind. No. 96702)

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 368 (N.Y. App. Div. 2000)
704 N.Y.S.2d 867