AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELROY FACEY, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 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).

The defendant's contention that the police lacked probable cause to arrest him is unpreserved for appellate review ( see People v. High, 18 AD3d 775, lv denied 5 NY3d 789). Further, the defendant may not rely on trial testimony to challenge the suppression ruling, since he failed to request a reopening of the suppression hearing ( see People v. Riley, 70 NY2d 523). In any event, probable cause was established because the arresting officer was entitled to rely on the information provided by the police sergeant observing the drug sale ( see People v. Green, 13 AD3d 646).

The trial court was justified in interrupting the defense counsel's summation upon objection by the prosecutor, since the defense counsel's argument was not grounded in the evidence presented at trial ( see People v. Barreau, 183 AD2d 904).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

Use AI to get other relevant cases.

Comments

PEOPLE v. FACEY
(Oct 24, 2005)