PEOPLE v. PENA (2000)

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

The PEOPLE of the State of New York, Respondent, v. Jose Antonio Garcia PENA, Defendant-Appellant.

Decided: March 30, 2000

ROSENBERGER, J.P., WILLIAMS, ANDRIAS, BUCKLEY and FRIEDMAN, JJ.

Mindy J. Levinson, for Respondent. David E. Liebman, for Defendant-Appellant.

Judgment, Supreme Court, New York County (William Wetzel, J.), rendered December 2, 1997, 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 1/212 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility. There was ample evidence of defendant's active participation in the transaction, including evidence that, in showing the undercover officer the location of the drug operation, defendant said “we moved down to the basement” and that defendant directed a codefendant to let the officer enter the door at the bottom of the outside basement stairs (see, People v. Velasquez, 249 A.D.2d 11, 671 N.Y.S.2d 224, lv. denied 92 N.Y.2d 883, 678 N.Y.S.2d 30, 700 N.E.2d 568).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network