# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · September 1, 1994 · 207 A.D.2d 667

URL: https://www.frixlaw.com/law-library/cases/5979531

## Case

- **Full name:** The People of the State of New York v. Richard Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 1, 1994
- **Citations:** 207 A.D.2d 667; 616 N.Y.S.2d 943; 1994 N.Y. App. Div. LEXIS 8663
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5979531

## Opinion text

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 1, 1992, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to 4 Vi to 9 years, unanimously affirmed.
Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of criminal sale of a controlled substance in the third degree. Moreover, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 ). The issues raised by defendant concerning the credibility of prosecution witnesses, including the reliability of their identification testimony and the discrepancy between the amount of buy money allegedly recovered from defendant and the *668 amount introduced at trial, were properly placed before the factfinder and we find no reason on the record before us to disturb his determination. Concur—Rosenberger, J. P., Ellerin, Ross, Rubin and Nardelli, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5979531. Public record. Not legal advice.