People v. Lozano

• Decision Date: 15 June 1995
• Citation: 216 A.D.2d 95,627 N.Y.S.2d 925
• Parties: The PEOPLE of the State of New York, Respondent, v. Jose LOZANO, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 925

627 N.Y.S.2d 925

216 A.D.2d 95

The PEOPLE of the State of New York, Respondent, v. Jose LOZANO, Defendant-Appellant.

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

June 15, 1995.

S. Bersin, for respondent.

M.O. Sowah, for defendant-appellant.

Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered May 18, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 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 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264), defendant's conviction for criminal sale of a controlled substance in the third degree was proven beyond a reasonable doubt. Moreover, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672). The credibility issues raised by defendant were properly placed before the jury and we find no reason to disturb its determination.

SULLIVAN, J.P., and ELLERIN, ASCH, NARDELLI and WILLIAMS, JJ., concur.