People v. Nolan
Cases that cite this one
1 later published case cites this decision.
- People v. Kerner (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlap, J.), rendered May 13, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
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 [5]).
The trial court providently exercised its discretion in summarily denying, without a hearing, the defendant’s motion to set aside the verdict based on juror misconduct, as the application was supported only by hearsay allegations contained in an affidavit of defense counsel (see, People v Friedgood, 58 NY2d 467, 473; People v Cervantes, 242 AD2d 730, 731).
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Santucci, Thompson and S. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.