People v. Eduardo
| Decision Date | 09 October 2007 |
| Docket Number | 1662. |
| Citation | 2007 NY Slip Op 07480,844 N.Y.S.2d 11,44 A.D.3d 371 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN EDUARDO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Defendant's challenge to the sufficiency of the evidence and all of his constitutional claims are unpreserved, and we decline to review them in the interest of justice. In any event, we find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's entire course of conduct and interactions with his codefendants supported the conclusion that he was a participant in a drug operation, and that he assisted the others by acting as a lookout (see People v Bello, 92 NY2d 523 [1998]).
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7 cases
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People v. Slade
...is legally sufficient to establish defendant's guilt as an accessory to the sale of a controlled substance (see e.g. People v. Eduardo, 44 A.D.3d 371, 372, 844 N.Y.S.2d 11, affd. 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Rivera, 250 A.D.2d 423, 480, 673 N.Y.S.2d 102, lv. d......
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People v. Custodro, 2009 NY Slip Op 32437(U) (N.Y. Crim. Ct. 10/22/2009)
...a reasonable inference that defendant was acting intentionally to aid the seller in safely consummating the sale."); People v. Eduardo, 44 A.D.3d 371 [1st Dept. 2007], aff'd sub. nom People v. Hawkins, 11 N.Y.3d 484 [2008] (evidence sufficient for conviction of sale charge based on timing, ......
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People v. Hawkins
...challenge to the sufficiency of the evidence and constitutional claims were unpreserved, and in any event lacked merit (44 A.D.3d 371, 844 N.Y.S.2d 11 [2007]). A Judge of this Court granted defendant leave to appeal (10 N.Y.3d 764, 854 N.Y.S.2d 326, 883 N.E.2d 1261 [2008]), and we Preservat......
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People v. Cruz
...that he was a participant in a drug operation, and that he assisted the others by acting as a lookout” (People v. Eduardo, 44 A.D.3d 371, 372, 844 N.Y.S.2d 11 [1st Dept.2007], affd. 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946 [2008] ).For the reasons stated in People v. Tate, 130 A.D.3d......
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