People v. Padilla
Opinion of the Court
— Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 10, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.
The evidence was not insufficient (People v Contes, 60 NY2d 620, 621), and the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). The credibility of the testimony of the undercover officer and the accuracy of his identification of defendant were for the jury to resolve (People v Jenkins, 164 AD2d 770, 770-771, lv denied 76 NY2d 894). The officer’s one minute encounter with defendant provided an adequate opportunity to observe defendant’s appearance (cf, People v Mosley, 112 AD2d 812, affd 67 NY2d 985), and his reliability was assured by the drive-by identification minutes later (see, People v Roberts, 79 NY2d 964, 966). The failure to recover the prerecorded buy money is not dispositive
Case-law data current through December 31, 2025. Source: CourtListener bulk data.