People v. Parson
Opinion of the Court
Judgment, Supreme Court, New York County (Carol Berkman, J., at hearing; Ruth Pickholz, J., at trial and sentence), rendered February 5, 2008, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of seven years, unanimously affirmed.
The court properly denied defendant’s suppression motion. The record supports the court’s findings, made after it viewed a surveillance videotape of the incident as well as hearing the officers’ testimony. The furtive and suspicious activity seen by the observing officer and depicted on the videotape leads to the
Defendant failed to preserve his claim that the court should have given the jury a circumstantial evidence charge, and we decline to review it in the interest of justice. As an alternative holding, we find that no such charge was necessary (see People v Daddona, 81 NY2d 990 [1993]).
We perceive no basis for reducing the sentence. Concur— Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.