Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE of the State of New York, Respondent, v. Ronald CASSELLS, Defendant-Appellant.
Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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). We see no reason to disturb the jury's credibility determinations. The discrepancy between the arresting police officer's description of the cocaine recovered from defendant and the form of the cocaine that was received in evidence at trial did not render the cocaine inadmissible. The People's evidence established a complete chain of custody, and the discrepancy went to the weight of the evidence, not its admissibility (see, People v. Sarmiento, 168 A.D.2d 328, 565 N.Y.S.2d 1, affd. 77 N.Y.2d 976, 571 N.Y.S.2d 906, 575 N.E.2d 392).
The sentence was not based on any inappropriate factors or mistaken information, and we do not perceive any abuse of sentencing discretion.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 15, 1998
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)