People v. Cruz

• Decision Date: 21 April 1986
• Citation: 119 A.D.2d 765,501 N.Y.S.2d 607
• Parties: The PEOPLE, etc., Respondent, v. Blanca CRUZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 607

501 N.Y.S.2d 607

119 A.D.2d 765

The PEOPLE, etc., Respondent, v. Blanca CRUZ, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

April 21, 1986

Philip L. Weinstein, New York City (Robert S. Dean, of counsel; Jennifer S. Brand, on brief), for appellant. Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Tracy W. Young and Thomas E. Greiff, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 24, 1983, convicting her of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The alleged errors of law were not properly preserved for review (see, CPL 470.05[2] ). As the charge, taken in its entirety, adequately explained the concepts of proof necessary before a defendant may be convicted in a criminal case, reversal is not warranted in the interest of justice (see, People v. Townes, 104 A.D.2d 1057, 480 N.Y.S.2d 962; People v. Thompson, 97 A.D.2d 554, 468 N.Y.S.2d 166; People v. Ortiz, 92 A.D.2d 595, 459 N.Y.S.2d 487). We have reviewed the defendant's other contention and decline to reverse on that ground in the interest of justice.

MOLLEN, P.J., and MANGANO, GIBBONS and BRACKEN, JJ., concur.