People v. Hemphill
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered February 28, 1991, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
On the evening of January 22, 1990, an undercover police officer purchased two vials of cocaine from a man whom the officer later identified as the defendant. Upon the defendant’s arrest, six vials of cocaine were found in his possession which matched the two vials which the undercover officer had previously purchased from the defendant. However, none of the "pre-recorded buy money” which the undercover officer had used to purchase the two vials of cocaine was found on the defendant.
On appeal, the defendant contends that the People failed to establish beyond a reasonable doubt that he was the person who sold the cocaine to the police officer. However, the defendant’s motion for a trial order of dismissal based on the
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 [5]). Bracken, J. P., Copertino, Pizzuto and Santucci, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.