People v. Rivera
| Decision Date | 12 May 2015 |
| Docket Number | 3618N/08 |
| Citation | 128 A.D.3d 473,9 N.Y.S.3d 218,2015 N.Y. Slip Op. 04047 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Lillian RIVERA, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 473
9 N.Y.S.3d 218
2015 N.Y. Slip Op. 04047
The PEOPLE of the State of New York, Respondent
v.
Lillian RIVERA, Defendant–Appellant.
3618N/08
Supreme Court, Appellate Division, First Department, New York.
May 12, 2015.
Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry S. Jamieson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
TOM, J.P., MOSKOWITZ, DeGRASSE, MANZANET–DANIELS, CLARK, JJ.
Opinion
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 23, 2010, convicting defendant, after a jury trial, of conspiracy in the second degree, criminal possession of a controlled substance in the first and third degrees, and five counts of criminal sale of a controlled substance in the third degree, and sentencing her to an aggregate term of 25 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of issues regarding police paperwork. The evidence, including intercepted communications and circumstantial proof, amply demonstrates that defendant, the leader of a large-scale drug trafficking operation, personally acquired a kilogram of cocaine. Accordingly, her arguments concerning her alleged lack of connection to the apartment where this cocaine was recovered, and the presence of other persons at that location, are unavailing.
The court properly denied defendant's suppression motion without granting a hearing. With regard to the search of defendant's person, the issues are similar to those raised on the codefendant's unsuccessful appeal to this Court (
People v. Garay, 107 A.D.3d 580, 581, 967 N.Y.S.2d 378 [1st Dept.2013], affd. 25 N.Y.3d 62, 7 N.Y.S.3d 254, 30 N.E.3d 145 [2015] ), and we similarly reject defendant's arguments. With respect to the execution of a search warrant at the apartment where the kilogram of cocaine was found, the motion court correctly determined that defendant did not establish standing, and alternatively did not establish any legal basis for challenging the validity of the warrant.
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