People v. Ginyard
Opinion of the Court
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at hearing; Renee A. White, J., at jury trial and sentence), rendered November 8, 2000, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
The court properly denied defendant’s suppression motion. A trained and experienced undercover officer observed, at close range, what reasonably appeared to be a drug transaction and reported its details to a similarly trained and experienced officer who made the arrest (see People v Jones, 90 NY2d 835, 837 [1997]). A woman approached a first man, who directed her to a second man (defendant), who gave her a small unidentified object in return for money and then transferred the money to a third man, who immediately entered a building. This followed the familiar pattern of a drug-selling operation, with one person
The verdict convicting defendant of possession with intent to sell was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Defendant’s acquittal of sale charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557 [2000]; People v Freeman, 298 AD2d 311 [2002], lv denied 99 NY2d 582 [2003]).
The record establishes that defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 713-714 [1998]; see also Strickland v Washington, 466 US 668 [1984]).
We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Marlow, Ellerin, Gonzalez and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.